TODAY, THE SUPREME COURT said it would be issuing directions to regulate the feeding of dogs within government buildings and institutional premises.
A special Bench of Justices Vikram Nath, Sandeep Mehta, and N.V. Anjaria was hearing a suo motu petition concerning the ‘menace’ of dog biting.
“We will issue an order in a few days regarding government institutions where employees are supporting and encouraging dogs in that area,” the Bench said. It has reserved the order for the same.
The Bench turned down the request to hear counsel before passing such orders.
“With regard to government institutions, we will not hear anybody,” the Bench said emphatically.
The Bench also took note of the affidavits filed by the various States and Union Territories regarding compliance with the Animal Birth Control Rules. The Court has also added the Animal Welfare Board of India as a respondent.
The Bench also noted that senior advocate Gaurav Agarwal would continue to act as amicus curiae in the matter.
The Bench also allowed the intervention applications filed by those describing themselves as victims of dog bites. The Court said they would not need to make any deposit, as was the case with those who filed applications espousing the cause of stray dogs.
On October 27, the Bench had summoned the Chief Secretaries of all the States and Union Territories other than the States of West Bengal and Telangana for not filing compliance affidavits in response to the court’s notice.
On July 27 this year, a two-judge Bench comprising Justices J.B. Pardiwala and R. Mahadevan took suo motu cognisance of what they described as “a very disturbing and alarming newspaper cutting reported by the Times of India in its today’s Delhi edition titled ‘City Hounded By Strays, Kids Pay Price’”.
The Bench had noted that every day, hundreds of dog bites are being reported in the city and the areas on the outskirts, leading to rabies and ultimately young infants, children, and the aged falling prey to this dreadful disease.
On August 11, the Bench led by Justice Pardiwala issued a slew of directions which included directions to start picking up and rounding up the stray dogs from all localities of Delhi, Ghaziabad, Noida, Faridabad, and Gurugram as well as areas on the outskirts, and relocate these dogs into designated shelters/pounds. The Bench had also ordered that the dogs so impounded would not be released in the city again.
These directives invited widespread criticism from dog lovers and Bollywood celebrities. They argued it was cruel and inhumane treatment of stray dogs.
Later, the Chief Justice of India (‘CJI’) B.R. Gavai shifted the matter to a three-judge Bench led by Justice Nath.
The new Bench described the order passed by Justice Pardiwala as “too harsh.” It slightly modified the previous order. It said that after stray dogs are sterilised and vaccinated, they should be released back into their localities, except in cases where they are rabid or exhibit aggressive behaviour.
The Bench had also directed municipal authorities to commence an exercise for creating dedicated feeding spaces for the stray dogs in each municipal ward.
“The feeding areas shall be created/identified keeping in view the population and concentration of stray dogs in the particular municipal ward. Gantries/notice boards shall be placed near such designated feeding areas, mentioning that stray dogs shall only be fed in such areas. Under no condition shall the feeding of stray dogs on the streets be permitted. The persons found feeding the dogs on the streets in contravention of the above directions shall be liable to be proceeded against under the relevant legal framework,” the Bench had directed.
The Bench also noted that senior advocate Gaurav Agarwal would continue to act as amicus curiae in the matter.
It also directed each municipal authority to create a dedicated helpline number for reporting incidents of violation of its directions.
It also directed that the desirous animal lover/s would be free to move the application to the concerned municipal body for adoption of the street dogs, upon which the identified/selected street dog/s shall be tagged and given in adoption to the applicant.