SC modifies order, stray dogs to return to streets post sterilisation, vaccination
Modifying its August 11 directions to round up stray dogs in Delhi-NCR and send them to dog shelters with immediate effect, the Supreme Court on Friday clarified that the canines can be released in the same area after being sterilised and immunised.
“Prohibition on release of strays shall be stayed. They shall be dewormed, vaccinated, etc, and sent back to the same area," said the Bench – which also included Justice Sandeep Mehta and Justice NV Anjaria.
The Bench made it clear that the earlier order for rounding up stray dogs shall continue to operate.
The Bench, however, clarified that dogs with aggressive behaviour or those with rabies cannot be released from dog shelters.
It also disallowed public feeding of dogs. “No public feeding of dogs allowed. Dedicated feeding spaces of stray dogs to be created. There have been instances due to such public feeding," Justice Nath said, reading out the order in a jam-packed court.
Expanding the scope and ambit of the suo motu PIL, the top court transferred to itself all stray dog related cases pending in various high courts and issued notice to all states, through their Animal Husbandry Secretaries.
The Bench indicated that it will formulate a national policy on stray dogs after giving hearings to all the states. “All similar matters shall be transferred to this court for a final national policy," it said.
It also ordered individual dog lover petitioners and NGOs to deposit Rs 25,000 and Rs two lakh each, respectively , saying the money will be used to create dog shelters.
While reserving its order on August 14, the Bench had said, “The whole problem is because of the inaction of local authorities… Rules are framed, but no implementation carried out, creating a problem today. On one hand, humans are suffering, on the other hand animal lovers want dogs protected.”
On August 11, a Bench of Justice JB Pardiwala and Justice R Mahadevan had issued directions in a suo motu case titled ‘CITY HOUNDED BY STRAYS, KIDS PAY PRICE” to permanently relocate all canines from streets to shelters “at the earliest".
“We are conscious and sensitive of co-existence. The idea behind co-existence is not the existence of one’s life at the cost of the other,” it said in the order released on Wednesday.
Flagging the try attacks faced by the most vulnerable sections of society, it had said, “We are at pains to take cognizance of the experiences of visually impaired persons, young children, elderly persons, people from humble background who are not able to afford even a day’s meal, let alone the medical expenses.”
“This is the time to act. All these animal activists and all these so-called animal lovers…will they bring back all those children who have fallen prey to rabies? Will they put life back in those children? Let’s take a practical view of the matter. When the situation demands, you have to act,” it had on August 11 said, refusing to entertain intervention applications of animal rights activists.
The matter was assigned to the three-judge Bench on August 13 after some lawyers mentioned before CJI BR Gavi that the August 11 directions were in conflict with previous orders passed by other Benches and statutory provisions.
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