Community Dogs (stray Or Street Dogs) Have The Right To Food And Citizens Have The Right To Feed With Care And Caution: Delhi HC

Case Background

• The plaintiff had filed a petition seeking directions to restrain the defendant from feeding the stray dogs near the suit property.
• The case was resolved between the parties with the assistance of Mr. Pragyan Sharma, learned Amicus Curiae and Ms. Manisha T. Karia, learned counsel for Animal Welfare Board of India.
• The Delhi High Court considered the detailed submissions made by Mr. Pragyan Sharma, Amicus Curiae; Manisha T. Karia, Advocate for Animal Welfare Board of India; and Ms. Nandita Rao, ASC for GNCTD.
• After analysing all the submissions and suggestions, the Court, comprising Justice J. R. Midha, passed on some guidelines to followed with respect to protection of dogs.

Submissions of Mr. Pragyan Sharma, Advocate as Amicus Curiae

• Dogs aid us in various ways including service, therapy, tracking, hunting, police, rescue, etc.
• The Constitution of India also provides for protection of animals under Articles 21, 48A, 51A(g), 243W, 246.
• There are also relevant laws concerning the safety of animals, including the Prevention of Cruelty to Animals Act, 1960.

Submissions of Manisha T. Karia, Counsel for Animal Welfare Board of India

• The learned Counsel highlighted the relationship between humans and dogs, and the importance of stray dogs as community dogs.
• She also advocated the benefits of adopting and training of stray dogs.

Suggestions of Ms. Nandita Rao, ASC for GNCTD

• To identify and register all the street dogs under Section 399 of the Delhi Municipal Corporation Act, 1957.
• To train dogs for becoming suitable guards, and dog shelters should be made. Dogs must also be fed in secluded areas only.
• Proper protection must be given both the residents as well the dogs.

Guidelines prescribed by the Court

• Spread awareness that animals have a right to be treated with respect and dignity, and that humans must show love, compassion, and affection towards them.
• Community dogs (stray or street dogs) have the right to food and citizens have the right to feed with care and caution.
• Law enforcement authorities shall ensure that no harm is caused to the feeder, and no person shall be restricted from feeding a street dog.
• AWBI in consultation with Resident Welfare Associations or Municipal Corporation (“RWA” or “MC”) must determine the “designated areas” where feeding of dogs can be done, and also determine the “suitable time” for the feeders.
• The “RWA or “MC” must ensure that every community dog has access to food and water even in absence of feeders.
• Every “RWA” and “MC” should have an Animal Welfare Committee which shall be a forum for seeking redressal in case of grievance.

Guidelines continued

• To create training programmes to assess the behaviours of dogs.
• To train dogs for becoming suitable guards in consultation with the Delhi Police Dog Squad by forming “Guard and Dog partnerships”.
• If a dog recurrently bites someone or something, it should be removed from the place, and if any dog is injured, it should be treated properly.
• A committee is to be constituted by the Court to implement these guidelines which shall comprise of seven prominent members.
• The Committee shall hold its first meeting within four weeks.

What are your views on the order of the Court and the guidelines prescribed?