Exclusion Of Individual Veterinarians From Animal Birth Control Programme Not Arbitrary: Delhi High Court

The Delhi High Court has ruled that the exclusion of individual veterinarians from the animal birth control programme under Animal Birth Control Rules, 2023, is not unjust or arbitrary.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that the Rules do not outrightly prohibit veterinarian participation, instead, they advocate for a “formalized and structured approach” via the mechanism of “Project Recognition” from the Animal Welfare Board of India.

“By systematizing the approach and entrusting only recognized bodies, the ABC Rules, 2023 are framed to achieve better efficacy of the animal birth control programme. Thus, differentiation between veterinarians and AWOs [Animal Welfare Organisations] is purpose-driven, not arbitrary and grounded in sound rationale,” the court said.

The 2023 Rules exclude registered veterinary doctors and officers from participating in the process of immunisation, vaccination and birth control of various animals. The entities vested with the authority to launch such a programme are local administrative bodies and Animal Welfare Organisations.

“The stipulation of registration of an AWO implies a formal and legal structuring. This is intended to ensure that the organization has defined objectives, accountability mechanisms, and is amenable to legal oversight. The requirement for recognition by the AWBI arguably adds a layer of expertise and oversight,” the court added.

The bench was dealing with a plea moved by three veterinarians challenging the exclusion under the 2023 Rules. In the interim, they sought directions on the Municipal Corporation of Delhi to grant them the authority to execute sterilization and immunization of stray dogs in a manner analogous to NGOs and Animal Welfare Organisations under the Rules.

While deciding the interim application, the court clarified l that individual veterinarians can either align with existing compliant entities or form their own organizational structures, such as societies, trusts, cooperative societies, LLPs, partnerships, etc., and get them registered under the applicable laws.

Noting that the last date for bid submission to participate in the sterilisation programme had lapsed during the pendency of the interim application, the bench further clarified that any entity, be it a society, trust, cooperative society, gaushala, LLP, partnership, or a company that is duly registered under the appropriate laws, can be considered as an animal welfare organisation under the 2023 Rules.

“However, we emphasize that registration alone is not sufficient. Such entities, desirous to partake in tenders of this nature, must also secure recognition from the AWBI, underscoring their commitment to AWBI’s standards and norms. Furthermore, they must satisfy all additional criteria related to their credibility and experience, as set forth in the ABC Rules, 2023,” the court said.

Advocates Siddharth Gupta, Abhikalp Pratap Singh, Lovekesh Choudhary, Yamini Singh and Avanit Arya appeared for the petitioners.

CGSC Rajesh Gogna, with Advocates Priya Singh and Vikram Chandravanshi appeared for UOI. Advocates Supriya Juneja, Esha Dutta and Shaalini Agrawal appeared for Impleader Gauri Manlekhi.

Title: ANUBHAV KHAJURIA AND OTHERS v. UNION OF INDIA THROUGH MINISTRY OF FISHERIES, ANIMAL HUSBANDRY AND DAIRYING

Citation: 2023 LiveLaw (Del) 941

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