Plea In Supreme Court Challenges Bombay HC Decision Prohibiting Public Feeding Of Stray Dogs

The impugned decision requires persons interested in feeding stray dogs to first adopt and register such dogs with Municipal Authorities or to put them in some shelter home. Meanwhile, the High Court also directed the concerned authorities under Section 44 of the Maharashtra Police Act, 1951 to detain all stray dogs wandering in the public streets.

Advocate Abhay Antutkar mentioned the matter before the Chief Justice today.

The Petitioners allege that these directions not only adversely affect the rights of street dogs, care-givers but are also contrary to both statutory provisions as well as the orders of the Supreme Court.

It avers that after the High Court's direction, the Nagpur Municipal Corporation has started picking up and detaining street dogs on a large scale. However, the authorities have failed to take into consideration that the Guidelines issued by the Animal Welfare Board of India in relation to feeding of stray dogs and the Guidelines with respect to harassment of citizens showing compassion towards other living creatures.

The plea highlights that there is no legislation which prohibits feeding of stray dogs or otherwise makes it a penal offence and thus contends that Article 226 cannot be invoked to direct statutory authorities to act contrary to law.

It states that blanket direction for detention of stray dogs is illegal inasmuch as Rule 7 of the Animal Birth Control Rules makes it abundantly clear that capturing/detention of dogs shall be based on "specific complaints" about nuisance or dog bite.

It refers to Supreme Court's decision in Animal Welfare Board of India v. A. Nagaraja which recognized that animals' right to life and dignity and the right to get protection from human beings.

It is submitted that the High Court's decision is also inconsistent with the provisions of the Prevention of Cruelty to Animals Act, 1960, Section 3 whereof guarantees the right to get food, shelter to animals.

Reliance is also placed on Dr. Maya D. Chablani v. Radha Mittal, where the Delhi High Court observed that stray dogs have the right to food and citizens have the right to feed community dogs. The High Court had also cautioned dog-care givers to ensure that they do not cause any harm or nuisance to other individuals or members of the society.

The plea asserts that "to have compassion for living creatures" is a constitutional mandate, as reflected in Article 51-A(g) under Part IV-A of the Constitution which declares Fundamental Duties of every citizen.

"Every citizen must show kindness and love towards non-vocal beings, including stray dogs," the plea states.

The petition has been filed by Advocate Abhay Antutkar, Adv. Bhavya Pande,Adv. Dhruv Tank and Adv. Surbhi Kapoor, AOR.

Case Title: Swati Sudhirchandra Chatterjee & Ors. v. Vijay Shankarrao Talewar & Ors.