Courts Cannot Assess If A Dog Is Aggressive: Bombay HC Orders Animal Welfare Committee To Resolve Dog Feeding Dispute In Housing Society

The Bombay High Court on Friday while directing the Brihanmumbai Municipal Corporation (BMC) to constitute an Animal Welfare Committee (AWC) for a society in suburban Mumbai, to deal with the menace of stray dogs, said courts cannot assess if the dogs are aggressive and as to what makes the animals aggressive.

A division bench of Justices Mahesh Sonak and Kamal Khata said it will not get into the issue of what triggers the dogs to become aggressive or how can a dog's aggression be assessed, as argued by dog feeders of the society in Kandivali.

"We cannot assess if a dog is aggressive or not and what makes it aggressive. It is for the expert committee (AWC) to decide all that. We in fact cannot even comment or give our opinion on this issue," Justice Sonak told the advocate, appearing for a dog feeder.

Notably, in April last year, the High Court had held that scaring and threatening animals with sticks by the security guards, would amount to cruelty to animals. This order was delivered on a plea filed by the RNA Royal Park Co-operative Housing Society, which had petitioned the High Court for a direction against the "indiscriminate feeding" of stray dogs, which has led to increase in instances of dog attacks and biting in the society.

The society contended that there has been an increase in the number of the dogs due to the caregivers conduct as they are bringing more street dogs from outside to the society premises.

Countering the contentions then, a resident Paromita Puthran had claimed that she was disallowed from feeding dogs and that the society had hired "bouncers" to scare the dogs. She even contended that the society has not been permitting her to identify a particular spot within the society's premises, for feeding them.

On Wednesday, when the matter was taken up for hearing, the counsel Rahul Sarda for the Society, argued that the number of dogs have just multiplied as the feeders have brought in more dogs from outside.

On the other hand, the feeder claimed that despite the High Court order, the society did not let her fix a spot for feeding dogs.

However, Sarda informed the judges that there has been an increase in dog bites and attacks by dogs particularly on children and senior citizens.

"This is a dispute between a society and some of its members on the issue of feeding of stray dogs within society premises. The society contends that there is indiscriminate feeding as a result of which it is facing a serious problem from such stray dogs. The dogs have become aggressive and there are instances of biting and attacking senior citizens and children," the judges recorded in their order.

Advocate Sarda pointed out that the Animal Birth Control Rules, 2023 provides for constitution of AWCs. However, the counsel representing the caregiver told the court that dogs show aggression in certain circumstances. The bench refused to delve into that aspect of the matter.

The judges opined that constitution of the AWCs would solve the dispute.

It therefore, ordered, "The Animal Welfare Committee to be formed expeditiously by the BMC. The Committee to look into the complaints of the society and also the caregiver and take a final decision. It wouldn't be possible for us to go into the rival claims, breach of feeding point, aggression by some animals. These are best considered by the welfare committee."

The bench has granted the BMC to constitute the AWC within 15 days and the AWC is also ordered to dispose of the issue within 15 days.

Case Title: RNA Royal Park Co-op. Hsg. Society Ltd. vs The Municipal Corporation of Greater Mumbai (MCGM) (WP/3626/2024)