In an interim order issued today (November 16), the Supreme Court stayed certain statements made by the Bombay High Court, including the requirement that anyone interested in feeding stray dogs “formally adopt” them and the requirement that no nuisance be caused by people while feeding them. The Supreme Court noted that nobody should stop feeding stray dogs because dogs may turn aggressive.
Judges Sanjiv Khanna and JK Maheshwari’s bench requested a response from the Nagpur Municipal Corporation (NMC) and Animal Welfare Board in response to a complaint against the Bombay High Court’s judgement regarding the rules for feeding stray dogs.
The Bombay High Court’s specific ruling that anyone who want to feed dogs must adopt them was postponed by the court until the next hearing date. While hearing the case, the Supreme Court made several comments, one of which was whether or not street dogs may live in a home. The judge questioned, “Where do street dogs reside, and does the canine have a place to call home?”
Street dogs are not intended to be held in captivity, the Supreme Court further expressed worry about the practise. The court further ruled that one cannot demand that individuals who feed dogs adopt them. The Nagpur Municipal Corporation was given a temporary order by the court directing it to ensure and take action so that people can feed the street dogs at the designated sites that they have marked and recognised. The public was also urged by the court to prevent public nuisances from being brought about by feeding stray dogs.
The court ordered the involved municipal corporation to record information and the identities of any feeders who are causing a public nuisance but to postpone taking any coercive action until the next hearing date. The court ruled that the proceedings before the Bombay High Court will continue and made it clear that the responsible corporation must handle the problem of the street dogs’ annoyance in accordance with the law.
The bench stated that if street canines are not handled humanely, there may be additional repercussions, and the court must weigh all of the evidence.
The Animal Welfare Board attorney stated at the hearing that stray dogs may become hostile if they are not given food.
The Bombay High Court’s rules on stray dog feeding were the subject of an appeal before the court. The Bombay High Court’s ruling, which issued a number of directives and ordered the police and civic officials to take “severe action” against anyone impeding their efforts to combat the threat of stray dogs, has been challenged by the petitioner. Surbhi Kapoor is the attorney-on-record who submitted the petition.
The Petitioners claimed that the Prevention of Cruelty to Animals Act, 1961’s provisions are in conflict with the directives given by the High Court. Under Section 44 of the Maharashtra Police Act, 1951, the High Court has issued a general order directing the responsible authorities to imprison all stray community canines that are stumbling around the public streets.
The petition stated that, as far as the direction under Section 44 of the Maharashtra Police Act, 1951 is concerned, “it is respectfully submitted that the aforesaid provision contemplates issuance of a public notice proclaiming that any stray dog found wandering in the street or in any public place may be destroyed.”
“Dog confinement is not included in the provision. A dog that has been held may be destroyed or sold, according to Section 44’s subclause (3). According to a thorough reading of Section 44, it is abundantly clear that the purpose of the said provision is to detain dogs found wandering the streets or in any other public area in violation of any public notice issued by the competent authority and either destroy or sell them in accordance with the law “said the petition.
In addition to providing a number of directives governing the feeding of stray dogs, the Nagpur Bench of the Bombay High Court urged anyone interested in feeding strays to “officially adopt” them. The police and civic leaders have been ordered by the High Court to take “stern action” against anyone impeding their ability to combat the threat posed by stray dogs. The court has mandated that anyone planning to feed stray animals must first legally adopt them and limit their feeding to inside their residences.
The Nagpur Municipal Commissioner has been instructed to ensure that no such feeding at any place other than the owners’ homes shall be undertaken. The High Court has ordered that no citizen or resident of Nagpur and areas surrounding it shall feed or make any attempt to feed stray dogs in public places, gardens, etc.
The court further ordered the Commissioner of the Nagpur Municipal Corporation to ensure that no street dogs are fed anywhere other than at the owner’s residence, dog shelter homes, or any other authorised location, and to impose a suitable fine for any violations of these orders.
