Staying Gurgaon Consumer Forum's Order, Punjab and Haryana HC Seeks Report On Dog Bite Cases, Steps Taken To Mitigate 'Stray Dog Menace'
Punjab and Haryana High Court has directed the Gurgaon municipal corporation to ensure that the residents get their pets registered with immediate effect and keep the dogs on leash when in public places so that they don't bite anyone.The court passed the direction while staying Gurgaon consumer forum's widely-reported order directing the civic body to ensure that one family keeps only one...
Punjab and Haryana High Court has directed the Gurgaon municipal corporation to ensure that the residents get their pets registered with immediate effect and keep the dogs on leash when in public places so that they don't bite anyone.
The court passed the direction while staying Gurgaon consumer forum's widely-reported order directing the civic body to ensure that one family keeps only one dog. The consumer forum had also 'banned' pet dogs of foreign breeds in Gurgaon.
Justice Vinod S Bhardwaj stayed the November 15 order of Gurgaon consumer forum while hearing two petitions challenging the decision. One of the petitioners submitted that she intends to buy one more dog, but due to the consumer forum order she was being restrained from purchasing and keeping another dog.
It was also argued that the consumer forum order is without any authority and jurisdiction and was passed in a manner which was beyond the scope of the Consumer Protection Act, 2019.
Staying the consumer forum order, the court, however, also took note of the data on dog bite cases
"However, taking into consideration, the data noticed by the District Consumer Disputes Redressal Commission, Gurugram, that as many as 77 lacs of dog bite cases are reported throughout India on everyday basis resulting in 20,000 deaths per year. It has also been reported on the basis of internet that nearly 40% such cases relate to children which is definitely an alarming situation and needs to be properly redressed, it has required to take cognizance of the case on the original jurisdiction of this Court under Article 226/227 of the Constitution of India, 1950."
Listing the matter for February 15 next year, Justice Bhardwaj directed the Gurgaon civic body to file an affidavit furnishing the following details:
1. Steps taken by The Municipal Corporation, Gurugram, to ensure that residents of Municipal Corporation, Gurugram, including various housing and residential colonies get their pets registered with immediate effect upon payment of necessary charges;
2. The Municipal Corporation, Gurugram, shall also furnish details of the dogs of foreign breeds that are not allowed to be imported as per the Notification dated 25.04.2016 issued by the Government of India bearing No.3/2015-2020.
3. The Municipal Corporation, Gurugram, shall ensure the compliance of rules/bye-laws under Section 311 of the Haryana Municipal Act, 1994 and furnish details of the registration and the fee collected by The Municipal Corporation, Gurugram.
4. The Municipal Corporation, Gurugram, is directed to ensure that every registered owner shall keep the dog on leash when brought out at public places and it is guarded so that it does not bite any one. The owner of the dog shall also carry an eco-friendly disposable bag for scooping the poo/shit of the dog and dispose it of properly to maintain hygiene and cleanliness at public places. Appropriate penalty for non-compliance should be levied on such registered dog owners.
5. The Municipal Corporation, Gurugram is also directed to issue public notice warranting all residences/housing societies to strictly follow the mandate of the bye laws/rules, non-compliance whereof should attract penalty as has been statutorily prescribed.
6. The Municipal Corporation, Gurugram, shall also furnish all the details of the action taken by it regarding the spaying of the stray dogs and total expenses incurred.
7. The Municipal Corporation, Gurugram, shall also furnish details of the dogs that are being kept in ponds and infirmaries maintained as per the Prevention of Cruelty to Animals Act. 1960, as well as per the directions of The Animal Welfare Board. It shall also submit the details of the vaccination undertaken by The Municipal Corporation, Gurugram, in the last three years.
8. The Municipal Corporation, Gurugram, shall furnish details of the drives undertaken by it over the last three years to mitigate the stray dog menace.
9. He shall also give details of the dog bite cases reported in Municipal Corporation, Gurugram, in last five years.
Case Titles: Shivani Dasmahapatra v. State of Haryana and Others with Sameer Verma v. MC of Gurugram and Others
Citations: CWP-26965-2022 with CWP-26953-2022
Coram: Justice Vinod S. Bhardwaj
Click Here To Read/Download the Order