New Delhi, May 19
The Supreme Court on Thursday vacated its stay on a Delhi High court verdict that said stray dogs have the right to food and citizens the right to feed them.
A three-judge Bench led by Justice UU Lalit vacated the stay on the High Court’s order imposed by a two-judge Bench on March 4.
Acting on a petition filed by ‘Humane Foundation for People and Animals’ challenging the High Court’s verdict, a Bench led by Justice Vineet Saran had issued the stay order and also issued notices to the Animal Welfare Board of India, the Delhi Government and others asking them to respond to the plea.
The petitioner had contended that the High Court’s order was contrary to an order passed by the Supreme Court in 2015 in which it had asked High Courts not to pass any orders relating to the Prevention of Cruelty to Animals Act and the Animal Birth Control (Dog) Rules 2001 pertaining to dogs.
The NGO expressed the apprehension that the High Court’s directions could make the stray dog menace worse.
Laying down guidelines on feeding stray dogs, the High Court had, however, said last year that those exercising this right should take care and caution to ensure that it didn’t impinge on others’ rights and cause harassment or nuisance.
The HC had said it shall be the duty of RWA or Municipal Corporation and all government authorities, including enforcement authorities such as police, to provide assistance and ensure that no hindrance was caused to the caregivers or feeders of community dogs and every canine had access to food and water in the absence of caregivers.
The Animals Welfare Board of India (AWBI) shall ensure that every RWA or MCD shall have an animal welfare committee responsible for ensuring compliance of the provisions of the Prevention of Cruelty to Animals Act and ensure harmony between caregivers, feeders or animal lovers and other residents, it had said.
The HC had said community dogs have to be fed at areas designated by the AWBI in consultation with the RWAs or MCDs and while doing so, the authorities have to be conscious of the fact that every community dog is a territorial being and they must be fed and tended to at places within their territory.
Despite the clear position of law prohibiting cruelty to the animals including stray dogs, there was an increasing tendency among citizens to defy the same, it had lamented.