Karnataka High Court Disapproves Of Feeding Stray Dogs Near Vidhana Soudha Building, Says It May Lead To Health Hazards

The Karnataka High Court on Thursday frowned upon caregivers of street dogs feeding them next to the gate of Vidhana Soudha.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit while considering a lawyer's plea seeking proper implementation of Animal Birth Control (Dogs) Rules, orally observed,

“Some areas which are important areas, including for safety reasons, certain citizens enter in this area...vehicle owners come next to the gate of Vidhana Soudha in vehicles with barrels, vessels full of some material. I don’t mind showing some sympathy to animals but not at the cost of chaos created...just next to the gate of Vidhana Soudha every morning at 6.45 some people came in vehicle may be some good people with good intention, but they bring some food material in the vehicle and feed to the dogs and birds and what not, everyday feature. Is it not health hazardous? Not causing disturbance?"

Chief Justice Varale said that intention of serving food to stray dogs is good but if the same is not done at designated places, it would cause an annoyance to passers by and residents of the area. He referred to the guidelines issued by the Animal Welfare Board of India in March 2021, advising caregivers of stray animals to identify feeding spots. “Some provisions for animal welfare is fine, but what we found there is another angle attached to it, in the name of feeding the animal, people are doing it at the gate of Vidhana Soudha,” the CJ said.

He added that not much is being done by such caregivers for sterilisation or vaccination of stray dogs. In this regard, the CJ cited another guideline issued by AWBI back in 2015, stating those who feed street dogs are advised to participate in their sterilisation, and yearly vaccination too, since they win the trust of the dogs through feeding them.

“The common experience is that except feeding of street dogs there is no incident being reported by corporation or public body that the citizens who feed stray dogs are coming forward to assist and help the corporation or public bodies in the exercise of sterilisation or vaccination of stray dogs,” the CJ said. He added that though the guidelines are meant for protection of caregivers, they also cast a duty upon the feeders.

On the issue of feeding stray dogs near Cubbon Park, Court said, "In morning hours, the internal road is used by school going children either for attending school or classes. Feeding stray dogs on undedicated locations would certainly cause some apprehension in the mind of school going children and the possibility of some stray dog rushing to school going children, cannot be ruled out...duty is cast upon such citizens to ensure that activity shall not cause hindrance or health hazard to his fellow citizens.”

Court also expressed its reservation on the State government's "non-responsive approach" in the PIL filed over a year ago. Additional Advocate General had sought last chance to file reply in January but Court said till today no reply has been filed.

“We are surprised to see that this approach of the state government, it can be safely said that such a non responsive approach of the state government not only results in delaying the matters but it also causes an embarrassment to law officers representing the state before the court. The state government is expected to mend its ways and to see that the instructions are provided to law officers so that necessary replies are filed in this court within reasonable time.”

Accordingly, it adjourned the hearing by three weeks and directed the government to file a comprehensive reply including appropriate remedial measures. “No further adjournment will be granted in case of failure of file reply this court may pass appropriate orders against the state government and or authorities of state government.”

The matter will be next heard on November 15. 

Case Title: RAMESH NAIK L v STATE OF KARNATAKA

Case No: WP 10674/2022