Delhi Govt Addressing Immediate Healthcare Requirements Of Animals, Investing In Training Of Veterinary Personnel: High Court Observes

The Delhi High Court has said that the Delhi Government is addressing the immediate healthcare requirements of animals and is also investing in the training and skill development of veterinary personnel through construction of a veterinary college.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula also said that the government is seized of the threat posed by Canine Distemper virus and Parovirus in animals and is actively vaccinating them for the same.

The court was dealing with a public interest litigation filed by Rahul Mohod who lost his pet dog to the Canine Distemper Virus in 2019.

Mohod sought upgradation of all veterinary hospital or dispensaries of the Delhi Government, 24x7 Animal Care Ambulances, free-of-cost eco-friendly electronic crematoriums for animals, mechanism to register complaints against the discrepancies and creation of animal welfare fund.

Disposing of the matter, the court observed that though it recognises and appreciates Mohod’s concerns, decisions surrounding allocation of Government funds for animal welfare services and prioritizing availability of vaccines for specific disease should be left to the domain of experts who are adept in gauging the complexities of such issues.

Observing that the commitment of the authorities in addressing concerns on adequate vaccinations is visible by the ongoing vaccination programme of Delhi Government and Municipal Corporation of Delhi, the bench said:

“We understand that the welfare of animals is a noble cause, in line with the Directive Principle of State Policy as prescribed in the Constitution of India, and the intention behind Petitioner's plea is commendable. However, in our opinion, the decision to prioritize its availability, should fall within the expertise of veterinary specialists. Determining the exigency of combating any virus affecting the well-being of animals requires deliberations amongst experts with niche knowledge. It is also not the Court’s jurisdiction to issue directions for a specific vaccination to be made available free of cost to users.”

It added that the direction for 24x7 animal ambulance service, para-vets on bikes, changes in school curriculums, creation of a dedicated animal welfare fund, would also entail considerations such as allocation of budgets, infrastructure, personnel and other resources, among other multifaceted issues which are encompassed in government policy-making.

“As such, we believe these concerns should be addressed by Respondents, and we are not inclined to issue a mandamus to that effect. Separation of powers is a long-standing tenet of our democracy. Policy decisions, particularly those concerning the allocation of funds and resources, primarily fall within the domain of the executive and legislature. The Court is bound to exercise restraint in matters that fall squarely within this realm,” the court observed.

Furthermore, the bench said that while the role of the judiciary is to review the constitutionality and legality of laws and policies, it does not extend to framing them.

“The GNCTD, with its machinery and expertise, is best equipped to deliberate, design, and deploy welfare measures, for humans as well as animals,” the court said.

Case Title: RAHUL MOHOD v. THE GOVT. OF NCT DELHI & ORS.

Citation: 2023 LiveLaw (Del) 797

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