MCG to discuss forum order with state before amending pet laws

The district consumer dispute redressal forum directed MCG to take all stray dogs within its limits into custody and keep them in dog pounds or at a place maintained by them near Basai village

A day after the district consumer dispute redressal forum banned 11 foreign dog breeds and ordered that licences to keep these canines be cancelled and the animals be taken into custody, the Municipal Corporation of Gurugram (MCG) said it will issue notices to owners of such dogs to give away or shift their pets to locations outside of Gurugram.

Gurgaon, India- April 15:The pet lovers in Gurgaon are celebrating their birthdays in style. These days’ new ideas have emerged to give the loved ones memorable experiences. The only language the pets take to instantly is the language of love. And what better gesture could there be than to make their birthday special, in Gurgaon, India, on Friday, April 15, 2016. (Photo by Abhinav Saha/Hindustan Times) (Representative image)

Vijay Pal Yadav, deputy commissioner, Municipal Corporation of Gurugram (MCG), said they are still studying the order -- it came on a plea filed by a woman who was bitten by a pet dog, seeking punitive action the owner of the dog -- and will shortlist the points that are feasible. “We will discuss with government before forming any rules in this regard. We will start sending notices to owners of the banned breeds and will cancel their pet licences,” he said.

Yadav said owners who have not registered their dogs with the municipal body will be held responsible if the dog bites anyone, and they will have to bear the penalty.

The breeds banned by the consumer court of Sanjeev Jindal, with effect from November 15, are American Pit-bull terriers, Dogo Argentino, Rottweiler, Neapolitan Mastiff, Boerboel, Presa Canario, Wolf Dog, Bandog, American Bulldog, Fila Brasileiro and Cane Corso.

The forum also directed the MCG to make registration of pet dogs mandatory with effect from November 15, 2022, and to ensure that all pets within its jurisdiction are registered within a month and to issue licences for a fee of at least ₹12,000 with a yearly renewal fee of not less than ₹10,000 per dog.

This is a steep hike from the present fee charged by the MCG.

Civic body spokesperson SS Rohilla said presently, 106 dogs are registered with MCG and the registration fee is ₹500 per year. “We have no directions to change the registration fee as of now,” he said.

The forum’s order further said,“Every registered dog shall wear a collar to which shall be attached a metal token coupled with a metal chain. The MCG is directed to ensure that one family will keep only one dog and that whenever the registered dog is taken to public places, its mouth shall be properly covered with a net cap or otherwise so that it may not bite anyone.”

Dr Vivek Yadav, a veterinary surgeon, said muzzling a dog can lead to its death. “Dogs don’t have sweat glands; they cool their body through their mouth. So if they are muzzled while being taken out on a walk, there are chances that the dogs may suffer a heat stroke, which may prove fatal,” he said.

“The order is highly commendable, and is a manifestation of how positive judicial activism should be. By this order, the forum has provided proper remedy for torts which was unheard of in India,” said Ambika Yadav , advocate & national legal aid coordinator, All India Mahila Congress.

Rajat Kumar, a resident of Sector 65, said the order has come as a blow to pet parents. “We have two pets and they have been with us for long; we are not ready to give them away. This order is absurd and we will protest against it,” he said.

Devesh Lamba, a resident of Palam Vihar, said he has three dogs of breeds that are deemed “ferocious” and there has been no problems involving them. “I have registered my pets and we are a happy family of seven. The order has been passed in haste and will be challenged by different groups,” he said.

Dr Yadav said it is a myth that big dogs are more dangerous, whereas they are the least harmful. “More than 90% dog bites involve stray dogs. The pet owner should be responsible enough to take pets out for walks only on a leash,” he said.

Gauri Maulekhi, animal welfare expert, said the order is not only overreaching in its jurisdiction -- consumer courts are meant to hear consumer complaints for compensation on good/services up to a certain value -- but also has no basis in law. “There is no basis in any law for such a restriction/prohibition. We will challenge the order at the appropriate forum,” she said.

The forum has also ordered that if a pet owner is found violating the aforesaid provisions, his/her dog shall be taken into custody by the MCG and a fine of “not less than ₹20,000 and extending up to ₹2 lakh” will be imposed on the violator/ (S)he may also incur “imprisonment not less than one month which may extend up to two years”.

Gauri Puri, advocate and an animal rights advocate, said the order has been passed by a consumer court which does not have the jurisdiction to issue directions such as banning breeds, fixing fines, directing people to keep only a fixed number of dogs, impounding of street dogs etc.

“All that is exclusively the domain of the municipality and Animal Welfare Board of India. Such directions, if at all, can only be issued by a writ court. Coincidentally, the High Court of Punjab and Haryana has declared all animals in Haryana are legal entities. The contours of the Consumer Protection Act are limited to a consumer who avails of services. It is inconceivable as to how all members of public can be a consumer who are in threat of dog bites,” she said.

Vivek Chaudhuri, advocate at Delhi high court and Supreme Court, said the order is unconstitutional and in direct violation of the Supreme Court’s order(s) and several high court orders that recognise animals as having rights similar to humans and grant them various protections under the law. “Penalising responsible citizens (with punitive registration costs and for keeping more than one dog) is bad in law. The order is likely to be challenged and set aside,” he said.

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