Coercive Measures Preventing Residents From Feeding Stray Dogs An Offence: Bombay High Court To Housing Society
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"To hate the stray dogs and/or treat them with cruelty can never be an acceptable approach, from persons of civil society," the Bombay High Court observed urging a housing society to take a compassionate view over feeding of stray dogs."If the Society continues to take any coercive measures as noted by us above and by physical force, persons like the petitioner are prevented from taking care...
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"To hate the stray dogs and/or treat them with cruelty can never be an acceptable approach, from persons of civil society," the Bombay High Court observed urging a housing society to take a compassionate view over feeding of stray dogs.
"If the Society continues to take any coercive measures as noted by us above and by physical force, persons like the petitioner are prevented from taking care of these animals, and/or from pursuing such activity which is wholly permissible in law, such actions on their part would not only be contrary to the provisions of law, but also, amount to commission of an offence," the court noted in an order on Monday.
Following the order, RNA Royale Park Cooperative Housing Society Limited's counsel on Tuesday informed the court that there were no bouncers in the Society anymore to prevent dog-feeding.
Subsequently the court directed the society and petitioner to come together and harmoniously decide a feeding spot for the stray dogs. The bench further allowed the intervention of an NGO to identify such spots.
The court sought compassion and cooperation from the housing society. Justice Kulkarni narrated how one of the judges feeds a dog on Marine Drive making people believe he is the judge's pet.
He explained that dogs and cats have territorial affinity, therefore the BMC leaves them back in the same place after sterilization.
"Have you taken a round of the High Court? Have you seen the number of cats? ...they are sometimes sitting on the dais too. You take them anywhere they come back. They have territorial affinity," the judge observed.
"Ultimately you have to take care of animals. That's what the rules and act says," he added.
"Ultimately you have to take care of animals. That's what the rules and act says," he added.
The petition was filed by one Paromita Punthar, a resident of the society caring for 18 dogs. Through advocate Nishad Nevagi she alleged that the society management wasn't even allowing her to give them water and bouncers were deployed to prevent her from caring for them.
In Monday's order the bench observed that “The Animal Birth Control Rules, 2023” framed under the Prevention of Cruelty to Animals Act, 1960 specifically provides for feeding of community animals and designation of feeding spots.
"...it would be an obligation of all the members of the Society to follow the mandate of law and to prevent themselves from causing any cruelty and harassment to the animals, as also to those, who intend to take care for these animals. We, accordingly, expect that a sense of belonging and responsibility onsuch issue needs to prevail between the members of the society so as to cordially resolve these issues, and no confrontation in this regard ought to happen."
The bench further said that in a case where there is some fear, the BMC or animal welfare NGOs could be contacted. The next date of hearing is April 6.
The bench further said that in a case where there is some fear, the BMC or animal welfare NGOs could be contacted. The next date of hearing is April 6.
Paromita Purthan Vs Municipal Corporation of Gr. Mumbai & Ors.[Writ Petition No.702 Of 2023]
Citation: 2023 LiveLaw (Bom) 164