Delhi govt seized of threat posed by CD virus, Parovirus; actively vaccinating animals: HC

New Delhi [India], September 6 : The Delhi High Court on Wednesday said the Government of NCT Delhi is seized of the threat posed by the CD virus and Parovirus and is actively vaccinating animals for the same.
The Bench of Justice Satish Chander Sharma and Justice Sanjeev Narula passed a judgement on a Public Interest Litigation (PIL) stating, "We understand that the welfare of animals is a noble cause, in line with the Directive Principle of State Policy as prescribed in the Constitution of India, and the intention behind Petitioner's plea is commendable."
The court was hearing the plea which highlighted the menace posed by both, the CD virus as
well as Parvovirus (a contagious viral infection similar to CD virus).
Petitioner Rahul Mohod stated that despite awareness of the pressing situation the government has not ensured the ready availability of Canine DHPPi Vaccines, which are effective against both viruses, in its veterinary hospitals.
Drawing parallel with the widely-recognized Coronavirus, it was urged that the transmission method of the CD virus and Parvovirus among animals through inhalation and direct/indirect contact renders it alarmingly contagious.
The virus affects different systems of the body while damaging the brain and immunity of the animals, and exhibits a high mortality rate, the plea said.
The bench said, "In our opinion, the decision to prioritize its availability, should fall within the expertise of veterinary specialists. Determining the exigency of combating any virus affecting the well-being of animals requires deliberations amongst experts with niche knowledge."
It is also noted that the Court’s jurisdiction to issue directions for a specific vaccination to be made available free of cost to users.
The direction for 24x7 animal ambulance service, para-vets on bikes, changes in school curriculums, and creation of a dedicated animal welfare fund, would also entail considerations such as allocation of budgets, infrastructure, personnel and other resources, among other multifaceted issues. These considerations are typically encompassed in government policy-making, stated the court.
As such, we believe these concerns should be addressed by Respondents, and we are not inclined to issue a mandamus to that effect. Separation of powers is a long-standing tenet of our democracy. Policy decisions, particularly those concerning the allocation of funds and resources, primarily fall within the domain of the executive and legislature, said the Bench.
The court is bound to exercise restraint in matters that fall squarely within this realm. While the role of the judiciary is to review the constitutionality and legality of laws and policies, it does not extend to framing them. The GNCTD, with its machinery and expertise, is best equipped to deliberate, design, and deploy welfare measures, for humans as well as animals, said the court.
Governance is a delicate balancing act, where the state must allocate its limited resources judiciously, ensuring that it addresses an array of challenges, both immediate and long-term, it added.
The court said it believes that the government is best positioned to undertake such decisions after carefully weighing all variables. Petitioner’s concerns, while genuine and deeply felt, represent but one among many pressing issues the state grapples with, the court noted.
The plea has sought the upgradation/ modernization of all veterinary hospitals/dispensaries of GNCTD to provide at least minimum standard care facilities such as X-ray, RT-PCR test, ultra-sound, blood tests/ path labs, urine tests to trace roundworm, hookworm, tapeworm, whipworm, surgery for glaucoma, oxygen, ventilators, in-house patient facilities, operation theatre, and ICU systems.
Arranging ‘24x7 Animal Care Ambulances’ (along with CCTV cameras) with dedicated helpline numbers and ‘Trained Bike Para-Vets’ under the supervision/direction of a ‘Vet Expert’, to provide free medical assistance and vaccination (rabies, distemper, parvo, deworming medicine,
fever etc.) on the spot to street animals, in all respective zones/districts of GNCTD, as well as computerisation of data/ records of each visit for treatment of animals and urgently filling the vacant posts of vets in government hospitals, the plea sought direction.