SC issues notice on petition challenging Delhi HC order on guidelines relating to feeding of stray dogs
Mar 04, 2022
New Delhi [India], March 4 : The Supreme Court on Friday issued notice to the Animal Welfare Board of India and others on a petition challenging the Delhi High Court order relating to the feeding of stray dogs and also stayed the same.
A bench of Justices Vineet Saran and Aniruddha Bose issued notice to AWBI and others and also stay the operation of the Delhi High Court order dated June 24 2021.
Delhi High Court order dated June 24 2021 dealt with directions on the feeding of stray dogs.
The petition was filed by Humane Foundation for People and Animals, not for profit organisation whose main goal is the resolution of the human-animal conflict in society.
Senior Advocate Sanjay Sarin has argued for the petitioner Humane Foundation for People and Animals and advocate Tarun Rana represented the petitioner organization.
Meghna Uniyal, Co-founder of Humane Foundation for People and Animals, said that she was aggrieved by the order of the Delhi HC, and filed a special leave petition in the Supreme Court seeking to set aside the Delhi High order.
According to the petition, the Delhi High Court had passed the directions/guidelines qua feeding of stray dogs with reference to "The Animal Birth Control (Dogs) Rules, 2001" and "The Prevention of Cruelty to Animals Act, 1960" despite there being an order passed by the Supreme Court vide order dated November 18, 2015, directing "High Courts not to pass any order relating to the 1960 Act and the 2001 Rules pertaining to dogs."
The Delhi High Court had opined that there is a need to spread awareness that even animals have a right to live with respect and dignity and said that "street dogs have the right to food and citizens have the right to feed community dogs but in exercising this right, care and caution should be taken to ensure that it does not impinge upon the rights of others or cause any harm."
Feeding of the community dogs have to be done at areas designated by the Animal Welfare Board of India (AWBI) in consultation with Resident Welfare Associations or Municipal Corporation and while determining the designated area, the AWBI and RWA/Municipal Corporations have to be conscious of the fact that every community dog is a territorial being and therefore, community dogs must be fed and tended to at places within their territory, the HC had further directed.
It shall be the duty and obligation of every Resident Welfare Associations or Municipal Corporation to ensure that every community dog in every area has access to food and water in the absence of caregivers or community dog feeders in the said area.
The Delhi High Court had asked AWBI to carry out an awareness campaign in association with various Newspapers, Television, Radio Channels and Social Media platforms.
It had also said that AWBI shall also ensure these Guidelines are disseminated through the media and AWBI shall circulate these Guidelines to various Resident Welfare Associations, the Police Department, Municipal Authorities etc.
The court had also issued various guidelines including all Law enforcement authorities shall ensure that no harassment or hindrance is caused to the person feeding the street dog at the designated feeding spot and to properly implement the AWBI Revised Guidelines on Pet dogs and street dogs dated February 26, 2015.
