HC stays consumer panel order imposing ‘one family one dog’ rule in Gurugram

The court also asked MCG to furnish details of dogs of foreign breeds that are not allowed to be imported as per an April 2016 notification of the Union government.

The Punjab and Haryana high court on Wednesday stayed a district consumer court order directing the Gurugram administration and municipal corporation to impose a “one family,one dog” rule and to impound all stray dogs in the city.

A helper bathes a dog, a mix of dachshund and poodle breed, at a pet resort, in Gurugram, India. (Reuters)

Acting on a plea by two city residents, the high court bench of justice Rajesh Bhardwaj directed the district administration to file an affidavit stating details of steps taken by the Municipal Corporation of Gurugram (MCG), to ensure that residents get their pets registered with immediate effect upon payment of necessary charges.

One of the residents had argued that she intended to buy one more dog and that by virtue of the order in question, she was being restrained from purchasing and keeping a second dog. The consumer court order of November 15 was also passed without authority and jurisdiction and in a manner that is beyond the scope of the Consumer Protection Act, 2019, one of the counsels in the matter, senior advocate, Akshay Bhan, said.

The court also asked MCG to furnish details of dogs of foreign breeds that are not allowed to be imported as per an April 2016 notification of the Union government.

Further, justice Bhardwaj directed that it be ensured that every registered owner keeps the dog on a leash when the animal is taken to public places and steps taken to ensure that it does not bite anyone. The owner of the dog would also carry an eco-friendly disposable bag for scooping dog poop off public places and dispose of in an appropriate manner to maintain hygiene and cleanliness of public places.

“The administration must impose an appropriate penalty for non-compliance,” the court said.

The civic body has also been told to furnish all the details of the action taken by it regarding the spaying of stray dogs and expenses incurred on the exercise. Details have been sought of dogs being kept in pounds and infirmaries. Details have also been sought of vaccinations undertaken by the civic body in the past three years and steps taken to deal with menace of stray dogs during this period.

The court also took note of data cited by the district consumer court in its November 15 order where it stated that 7.7 million dog bite cases are reported in the country daily resulting in 20,000 deaths per year.

As such, the judge sought details of dog bite cases reported in Gurugram in the past five years. Referring to reports that nearly 40% dog bite cases and deaths in India relate to children, the court said, “This is an alarming situation and need to be properly redressed.”

All details have to be submitted by February 15, the judge said.

It was on November 15, that the district consumer disputes redressal commission, while awarding monetary compensation of ₹2 lakh to a dog bite victim, took exception to the failure of civic bodies in regulating stray dogs and pet dogs and also in implementing the government notification banning certain breeds of dogs deemed ferocious.

It passed a slew of directions, including that one family can keep only one dog. The consumer court also directed the MCG to ensure mandatory registration of all pet dogs within a month and to increase the annual registration fee from the current rate of ₹500 to ₹12,000. It also asked the corporation to impound all street dogs and keep them in NGO-run pounds.

The order was assailed by animal care organisation and rights activists, who said it is illegal to relocate stray animals under the Prevention of Cruelty to Animals Act of 1960.

Vivek Chaudhuri, advocate at Delhi high court and Supreme Court, had said, “Law is clear that strays dogs cannot be relocated, nor put in pounds. They can only be picked for sterilisation and dropped back exactly from where they were picked. We hear instances of animal lovers being harassed for feeding the strays. There are people who spend a lot of time, money and effort in getting the strays neutered and vaccinated. Their efforts need to be lauded.”

Neither the district administration officials nor the municipal corporation officials could be reached for comment.