New Delhi, 21.5.2022
The
Supreme Court on Thursday paved the way for stray dogs to be fed at designated
feeding spots in colonies after it stayed its own order passed two months which
put on hold a direction by the Delhi high court issuing elaborate guidelines to
this effect.
A bench
of justices UU Lalit, S Ravindra Bhat and Sudhanshu Dhulia passed the order
while dealing with applications filed by several animal welfare organizations
which claimed that pursuant to the stay imposed by the top court on March 4,
animal lovers were being restrained from providing food and water to stray
dogs, resulting in the latter’s death.
The bench
noted that the March 4 order was passed on a petition filed by Humane
Foundation for People and Animals (HFPA) which challenged the Delhi high
court’s June 24, 2021 order despite not being a party to the proceedings before
the high court. The Court was informed that the HC order came in a private suit
filed between two individuals who had a dispute over feeding dogs inside their
property. The dispute was amicably resolved through a settlement and the
petitioner before SC (Humane Foundation) had no legal right to challenge the
order in the top court.
“Since
the matter related to controversy between two private parties, the applicant
seeking permission to file special leave to appeal (SLP) had no locus in the
matter. We dispose off the petition filed by Humane Foundation and vacate the
interim order of March 4,” the bench said.
HFPA in
its petition filed had produced statistics to show that about 7 million dog
bites are recorded every year with victims being primarily the poor and
children. The petition stated that the Delhi high court order was based on
“several blatantly misleading, irrelevant and factually incorrect statements and
misinformation with regard to dog behaviour, problems associated with stray
dogs, general information regarding dogs and as also with respect to the
existing laws.” It stated that prior to the HC laying down guidelines,
community dogs were allowed to be fed in open spaces
Senior
advocates Anand Grover and Aman Lekhi appearing for animal welfare bodies
informed the Court that the high court had simply gone by the regulations
framed by the Animal Welfare Board in allowing feeding of stray dogs at
designated feeding spots. “Without giving any reason, the stay has been ordered
by this court which is leading to killing of these dogs,” Grover said. Lekhi
added that volunteers who want to feed these animals are being stopped by
residents citing the SC order.
The Delhi
HC order passed by a single judge said, “It is the duty and obligation of every
resident welfare association or municipal corporation (in case RWA is not
available), to ensure that every community dog in every area has access to food
and water in the absence of caregivers or community dog feeders in the said
area.” Such feeding has to be done at the designated spots, which are to be
carefully chosen by the animal welfare board (AWB) in consultation with
resident welfare associations and municipal corporations taking due care that
such spots are less frequented by residents.