Stray Animal Menace In AIIMS, Courts Concerning; Difficult For People Particularly With Disabilities To Even Walk On Road: Delhi High Court

While hearing a public interest litigation petition on attacks by strays such as monkeys and dogs on persons with disabilities in the city, the Delhi High Court orally called for the adoption of an approach balancing the rights between both stray animals as well as PwDs and a mechanism to deal with the same.

The court however orally said that the "City cant be in such a shabby condition that it gets run over by the strays", asking the Chief Secretary to convene a meeting with various stakeholders to discuss the issue and prioritise that hospitals in the city, which are used by the public to get treatment and which need to remain clean, are free from strays. It was also directed, with the consent of parties, that monkeys shall be shifted from Delhi to the Asola Wildlife Sanctuary. 

A division bench of Chief Justice Manmohan and Justice Tushar Rao Gedela was hearing a batch of pleas including a petition moved by Dhananjay Sanjogta Foundation challenges the Animal Birth Control Rules, 2023 on the ground that they are violative of the Rights of Persons with Disabilities Act (RPwD), 2016 to the extent that they fail to address the issue of stray animal attacks on Persons with Disabilities (PwDs). 

During the hearing the today the court orally said, "Society as a general, comprises of various groups including people who are suffering from disabilities and they have a genuine problem...it is a very important petition, and an important issue flagged by them. No where in the world will you find a whole city is taken over by monkeys and dogs. They also have to be treated with respect. Therefore some mechanism may have to evolved that the persons with disabilities are also not troubled by these stray animals. And people are able to walk in the streets of Delhi. Today it is impossible to walk in the streets of Delhi. Even if you have a pet, I cant take my pet out for a walk because there are so many strays and the strays will attack...Its a genuine problem".

Cannot have strays in hospitals, need a balance

"We cannot have this problem where children are being bitten and they cannot play in the parks. You cannot have strays in the hospitals. AIIMS cannot be infested by stray dogs and monkeys. People have gone there for an operation. They have to live there in a very clean environment. So there is a genuine problem. And we need to balance the interest. Lets not go over board on either side. Lets have a balance. We will treat the strays with respect but human beings also need to be treated with respect. No where in any city in the world you will find that the strays will run over the city. You go to any developed economy whether London or Paris you don't find strays roaming around. You don't find monkeys roaming around like that. There are a large number of monkey bites which are taking place in this city. Therefore we will have to evolve a mechanism. And we trust that you will also give good suggestions," the bench orally added. 

The court further orally said that every now and then, a complaint gets flagged that someone has been bitten by strays. It orally emphasized that if someone is coming and feeding the dogs, it must be ensured that the food is not used by other strays. The court further added that indiscriminate littering the place with food must not happen. 

Monkeys in Tis Hazari

Giving an example of monkeys flocking court premises, the court orally said, "Animals like staying in the jungle. They like their own habitat, you cant bring them to the main city. For instance, in Tis Hazari you cant use that complex after 4' o clock. It will be taken over by monkeys. These are court complexes, institutions where people have to work. We are not able to perform. We are not able to take care of the litigants of the public's needs. This is misplaced sympathy must also not be there".

Difficulties faced by PwDs

With respect to difficulties faced by persons with disabilities with respect to strays, the court further orally said, "Persons with disabilities have a genuine problem, they are saying we cant walk. They say that we (visually impaired persons) use a stick, and the strays think we are coming to attack them. They are being attacked and mauled. They say that they cannot walk the streets of Delhi, that cannot happen. Persons with disabilities also need their space. You try and go to Lodhi garden with your pet, it will get attacked. That should not happen". 

The court then asked the concerned officials about specific ways in which the issue can be addressed. The official present in court said that population control is a major issue and for that animal birth control (ABC) should be implemented by local bodies but not in a haphazard manner. The official said that according to the data they have sterilised most of the dog population in the NDMC areas. 

PwDs have a right to walk without being bitten

The court however questioned that if this program is effective then how come dog population is increasing manyfold year after year. 

It said, "Main streets of Delhi will have to be left free for people to walk. PwDs have the right to walk in Delhi or not? Please put yourself in this person's shoes. This man cannot see and he wants to walk on the streets of Delhi. I think it is his fundamental right. And you will have to ensure that it happens. There is no point in having a big department if this gentleman is not able to walk in the streets of Delhi. Today try walking ...you can go to South Delhi, even the poshest area. This gentleman will not be able to walk. Even we are not able to walk leave alone this gentleman". To this the officer said that they shall come up with a solution. 

Prioritisation of hospitals, public parks to be kept free from monkeys and dogs

The court thereafter asked the authorities to take up a few areas on a priority basis. It said, "Take up hospitals–AIIMS, big institutes like that. You cannot have monkeys and dogs over there. People have gone for operations, they need to have sterilised atmosphere. You will have to ensure that at least a strict regime is maintained in hospitals. And in Public Parks where children go to play". 

The court further called for preparation of a broad action plan adding that whatever policies are prepared must not happen in a vaccum. 

At this stage advocate Rahul Bajaj, appearing in the matter, said that the state commissioner for persons with disabilities in Delhi also has a very important role to play; however since January that office itself has been lying vacant. He further suggested that respondent authorities can have a meeting, which can be attended by persons with disabilities as well, and they can come up with a set of 4-5 immediate action items which can be undertaken.  He also said that PwDs are not anti animals and also want a framework where they can for instance use guide dogs.

"The department of empowerment for persons with disabilities may be directed to come back on that as to what their plan is as to how they want to operationalised this framework," Bajaj said. 

Meanwhile the official from Animal Welfare Board said that the body formulates policy and circulates it, but it lies with the local bodies to implement it. "If you can pass on some direction to them, they should implement it properly. We can help them," the official said. 

The court at this stage orally said, "We will get it done. But problem is you have to tweak your guidelines. If your guidelines have not worked from 2015-2024 it is time to relook at them. The people who are drawing up the policy they have to be alive to the situation. Here is a person with disability coming up and saying that he cannot even move in the city. I think its a valid issue. He has a fundamental right to walk on the streets of Delhi...Do something about it. We owe to the next generation. Let there be a balance in the city.  We have to take care of these people also. They are an important component of our society". 

Meanwhile Gauri Maulekhi–who works in the field of animal welfare, submitted that there have been detailed orders passed earlier recognizing that monkeys are wild animals by nature they are not companion animals. She said that hence surgical sterilisation will not work on them and it has found to have failed in Uttar Pradesh and Himachal Pradesh in wide numbers.

"Hence immuno-contraception which is worldwide considered a viable solution for containing wild animal population was to be brought into India. Wildlife Institute of India (WII) in Dehradun was to be working on this...National Institute of Immunology was also working on this very technique...," she said.

The court however at this stage orally said, "We cant wait for research and development...You cant tell a person with disabilities that he will not walk on the streets of Delhi for 10 years till these scientists discover this protein...Im sure you will have a heart. Like your heart beats for the wild animals your heart should beat for the society also at large. Lets not get carried away to the other extreme, that the dogs and monkeys will only survive in this city and human beings will have no right. Right so we have to have to find a practical solution today". 

Maulekhi meanwhile said that the Delhi government's forest department has also created a sanctuary in Asola Bhati where monkeys are caught and relocated, which is a short term solution.

The court then said, "Please help us in that. Department is not well staffed you know the ground level reality...Civil society will have to come forward". To this Maulekhi said that she will be happy to coordinate with GNCTD. 

Littering taking place in the name of feeding strays

The court also expressed its concern at the "huge amount of littering" taking place in the name of feeding. It said, "The ground level reality is that there will be a car which will come loaded with food, the man will roll down his window and throw the food stuff that he has. That is the norm. You can shut your eyes to reality. That is actually what is happening in this city. It is so sad". 

With respect to catching of monkey's the counsel for MCD said that despite their best efforts they could only get seven monkey catchers. He said that the authority can again publicise and get more monkey catchers employed. 

The court further orally suggested that for instance in a park a small portion can be designated for these animals, so that they also have a place where they can feed. 

Chief Secretary to convene meeting of stakeholders next month

The high court thereafter in its order dictated, "The Chief Secretary, Delhi is directed to convene a meeting on November 4 at 4:30 pm at his office. The meeting shall be attended by the heads of NDMC, MCD, Cantonment Board, Forest Department, secretary of AWB of Delhi, Animal Husbandry of Delhi government, AWBI, petitioners' lawyer Rahul Bajaj and lawyer Amar Jain, Gauri Maulekhi and senior advocate Percy Billimoria". The court emphasized that the priority should be to get the hospitals in the city cleaned up first. 

It further said, "With the consent of all parties, it is directed that the monkeys shall be shifted from Delhi to the Asola Wildlife Sanctuary. It should be executed by the MCD, NDMC, Delhi Cantonment Board and Forest Department on a priority basis". 

Before parting the high court orally said, "We all will have to rise above our personal prejudices and personal views. We have to balance everyones interest. No ones interest is a little more than the other". 

The matter is next listed on November 18.

Case title: DHANANJAY SANJOGTA FOUNDATION THROUGH ITS DIRECTOR v/s DEPARTMENT OF ANIMAL HUSBANDRY AND DAIRYING & ANR. and other petitions