Plea against MCD power to ‘destroy’ unregistered dogs

The Delhi high court has sought the stand of the Union government and the Municipal Corporation of Delhi (MCD) on a petition challenging the civic body’s power to “detain” and “destroy” unregistered and unclaimed dogs found in public places

The Delhi high court has sought the stand of the Union government and the Municipal Corporation of Delhi (MCD) on a petition challenging the civic body’s power to “detain” and “destroy” unregistered and unclaimed dogs found in public places. The petition has also challenged a recent MCD advisory that has asked citizens to register their pets in light of an increasing number of dog-bite cases, and sought a direction to restrain the authorities from removing, killing or harming any community dog.

Plea against MCD power to ‘destroy’ unregistered dogs

A bench of chief justice Satish Chandra Sharma and Justice Subramonium Prasad on October 14 issued a notice on the public interest litigation (PIL) petition filed by Kamini Khanna, who has claimed that she has moved the plea “on behalf of all dogs of Delhi”, and that “the recent incidents of dog bites in Noida and Ghaziabad were staged”.

“Issue notice…Let a reply be filed before the next date of hearing. List on February 10, 2023,” the court said in its order.

The MCD advisory issued on September 12 had said, “We appeal to citizens to get their pet dogs registered at the earliest, otherwise appropriate action can be taken as per DMC Act. The rule applies even to those who have adopted stray dogs.”

Khanna’s PIL has claimed that the recent incidents of dog bites in Noida and Ghaziabad were staged, adding that people in her area were leaving no stone unturned to remove community dogs from the area.

The plea has also challenged section 399 of the Delhi Municipal Corporation Act that enables the MCD to “kill dogs in an arbitrary manner”, in direct conflict with Article 51 of the Constitution and the law on animal protection.

“Under sub-section 1(d) of section 399, a dog which had been detained if not claimed within one week of such detention, shall be destroyed or otherwise disposed of unless it is claimed and the fee is paid within one week. Under sub-section 2(b) of section 399, the commissioner of MCD through a public notice can direct…(that) dogs which are without marks, distinguishing them as private property, and are found straying on the streets or beyond the enclosure of their houses of their owners, if any, may be destroyed and cause them to be destroyed accordingly,” the plea says.

The plea has contended that caregivers may be discouraged from providing meals to community dogs as they would not want the responsibility of getting the dogs registered, which would deprive the animals of “one decent meal” and also “give arbitrary power” to the MCD to “kill dogs, remove dogs, detain dogs, which could also result in extortion and can have serious implication on law and order and the health of the community dogs”.

The petition alleges that colony and traders’ welfare associations in her area are working to remove all dogs there, while “leaving no stone unturned to remove the dogs illegally and planning to get them killed with aid and assistance from MCD”.

“The petitioner believes that the recent incidents of dog bites in Noida and Ghaziabad were staged, pursuant to which the advisory from the MCD was issued,” the plea says, asserting that the petitioner is “well aware of the ground realities concerning the abuse of dogs”.

The plea has also submitted that “acts of cruelty to animals are often indicative of a deep mental disturbance” and such abusers also “move on to harming humans”.