Residents of Delhi have the right to feed stray dogs, high court rules

In a June 24 judgment that was uploaded on its website on Thursday, a single judge bench of Justice JR Midha has addressed many of the contentious issues.

In a landmark judgment that could end ongoing fights between dog lovers and others in almost every neighbourhood of the Capital, and which could define how community dogs (the correct term for strays) are treated across the country, the Delhi High Court has ruled strongly in favour of humans’ best friends.

The judgment says community dogs can be fed, and that animal lovers have the right to feed them.

In a June 24 judgment that was uploaded on its website on Thursday, a single judge bench of Justice JR Midha has addressed many of the contentious issues.

One, the judgment says community dogs can be fed, and that animal lovers have the right to feed them, either in their independent driveways or porches, or in designated areas that they will have to work out with the local officials or the resident welfare associations -- with the caveat that these designated areas should be within the territory of the dogs.

Two, it says vaccinated and sterilised dogs cannot be removed by the municipal corporation.

Three, it places the onus on vaccinating and sterilising the animals on the municipal corporation, the resident welfare association, and local dog groups (almost every neighbourhood has a group of volunteers that feed dogs, vaccinate and sterilise them, usually at their own cost, and look after injured or ill ones). The order adds that sterilisation of such animals is a must to check over-population.

Four, it asks the Animal Welfare Board of India to work with resident welfare associations to ensure that these are followed, and other provisions of the prevention of cruelty to animals law complied with.

Five, it asks the local police and resident welfare associations to get involved in maintaining peace in the area between dog-lovers and other residents.

The judgment comes on a property dispute between Maya D Chablani and Radha Mittal where an application was filed by the plaintiff to restrain the defendant from feeding community dogs near the entrance or exit of the suit property.

However, Chablani, represented by advocate Abhishek Gusain, Mittal represented by advocate DK Pandey later resolved the dispute amicably with the help of amicus curiae advocate Pragyan Sharma and advocate Manisha T. Karia, for Animal Welfare Board of India (AWBI).

“The settlement between the parties on this issue has been recorded in the order dated May 5 according to which, defendant No 1 (Mittal) agreed to feed the stray dogs at point A at fixed times,” the court recorded in its judgment.

Raunak Bhakkar, 30-year-old finance manager, said dogs are loyal animals and that they should be kept along in the colonies, and added that proper care should be taken of the canines which also guard our societies.

Rima Barua, a communications manager in north Delhi said dogs in her society once chased her while she was returning late night after work. “ I think the authorities should revisit their guidelines so that other individuals do not have to pay the price for the same,” she said.

“Community dogs (stray or street dogs) have the right to food, and citizens have the right to feed community dogs, but in exercising this right, care and caution should be taken to ensure it does not impinge upon the rights of others, or cause any harm, hindrance, harassment and nuisance to other individuals or members of society,” the judgment said.

Holding that “animals have a right under law to be treated with compassion, respect and dignity”, the court said that community dogs are “territorial beings” having “right to food”.

“We have to show compassion towards all living creatures. Animals may be mute but we as a society have to speak on their behalf. No pain or agony should be caused to the animals. Cruelty to animals causes psychological pain to them. Animals breathe like us and have emotions. The animals require food, water, shelter, normal behaviour, medical care, self-determination,” the judgment said.

Highlighting the importance of the street dogs, Justice Midha said that they perform the role of community scavengers and also control rodent population in the area, thus preventing spread of diseases like Leptospirosis. Indeed, one of the reasons ascribed to the plague that struck Surat (which hasn’t been scientifically established) is that an aggressive community dog extermination drive could have contributed to the spread of the disease. The court also said that community dogs also play the “role of guards by protecting the community from the entry of outsiders or unknown people”.

Atul Goyal, president of United Residents Joint Action (URJA), an apex body of RWAs, said a complete review of the present guidelines is required and a monitoring authority should be appointed to check the implementation of the policy that should be brought in force. It is a civil issue and should be solved amicably at the ground level among the civilians.