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No coercive action on feeding stray dogs: Supreme Court
The Supreme Court said no coercive action should be taken against citizens feeding stray dogs, after the Bombay high court on October 21 passed a blanket ban on feeding stray canines and directed Nagpur municipal authorities to penalise those violating its order with a fine of ₹200
New Delhi: The Supreme Court on Friday said no coercive action should be taken against citizens feeding stray dogs, after the Bombay high court on October 21 passed a blanket ban on feeding stray canines and directed Nagpur municipal authorities to penalise those violating its order with a fine of ₹200.
A bench of justices Sanjiv Khanna and JK Maheshwari found the omnibus ban imposed by the Nagpur bench of the high court to be unreasonable and said: “If stray dogs are not fed, they will become more aggressive.”
The bench agreed that some part of the high court order needed modification and to work out a solution, it sought the responses from the Nagpur municipal corporation (NMC) and the Animal Welfare Board by November 16.
Without staying the HC order, the bench directed the NMC authorities not to take any coercive action against citizens who violate the high court’s order.
The high court passed a slew of directions on October 21 on two separate petitions by Nagpur residents seeking urgent solution to the growing menace of stray dogs. The high court recognised the fact that the problem caused by stray dogs had “increased beyond tolerable levels”.
“No resident of Nagpur and areas surrounding it shall feed or make any attempt to feed the stray dogs in public places, gardens etc,” said the high court. “We further direct the municipal commissioner of NMC to ensure that no such feeding at any place except own homes of such persons shall be undertaken.”
“If any person is interested in feeding stray dogs, he shall first adopt the stray dog/bitch, bring it to home, register it with Municipal Authorities or put it in some dogs shelter home and then showering his love and affection on it, may feed it while taking its personal care in all respect,” it added.
The top court, however, did not agree with such a reasoning. “Adoption should not mean strays will have to be brought into the homes of the feeders,” it said.
The top court’s observation came on a petition filed by Swati Sudhirchandra Chatterjee challenging the high court direction, calling it illegal. She pointed out that there is no law that prohibits feeding of stray dogs. “To have compassion for living creatures is a constitutional mandate, as reflected in Article 51-A(g) of the Constitution (classified as Fundamental Duties).” She further pointed out that the HC order goes contrary to the legal mandate under Section 3 of the Prevention of Cruelty to Animals Act, 1960 which secures right of food and shelter to every animal.
The petitions before the HC brought out instances where stray dogs attacked residents, scared little children and in some tragic instances, even injured or mauled babies and children.
The HC even went to the extent to direct the Commissioner of Police and Superintendent of Police, Nagpur (Rural) to control the menace by using its power under Section 44 of the Maharashtra Police Act. This provision allows police to detain, sell or destroy any stray dog found wandering in the street or any public place. Following this decision, the corporation had begun to detain stray dogs on a large scale within the city.
