New Delhi: Three social activists from Nagpur have moved the Supreme Court, challenging the recent decision of the Nagpur bench of the Bombay High Court against feeding stray dogs in public places. Advocate Abhay Antutkar mentioned the matter on Friday before a bench headed by Chief Jutice of India Uday Umesh Lalit, but no immediate orders were issued.
The impugned decision requires persons interested in feeding stray dogs to first adopt and register them with the municipal authorities or put them in a shelter home. The High Court also directed the authorities under Section44of theMaharashtraPolice Act, 1951, to detain all stray dogs wandering in public streets.
The petitioners said the directions not only adversely affect the rights of stray animals and their caregivers,but are also contrary to statutory provisions as well as the orders of the top court.
The petition says the Nagpur Municipal Corporation has started acting on the High Court's direction and picking up street dogs in large numbers thoughithas failedto implement the guidelines issued by the Animal Welfare Board of India on feeding stray dogs as well as the guidelines not to harass citizens showing compassion towards other creatures.
The plea highlights that there is no legislation that prohibits feeding of stray animals or otherwise makes it a penal offence and so contends that Article 226 cannot be invoked to direct statutory authorities to actc contrary to law.
It states that a blanket direction to pick up stray dogs is illegal inasmuch as Rule 7 of the Animal Birth Control Rules makes it clear that capture/ detention of dogs shall be based on "specific complaints about nuisance or dog bites”.
The petition also refers to the Supreme Court's decision in Animal Welfare Board of India versus A Nagaraja, which recognises that animals have the right to life and dignity and the right to protection from humans.
It says the High Court's decision is also inconsistent with the provisions of the Prevention of Cruelty to Animals Act, 1960. Section 3 of the Act guarantees the right to food and shelter to animals.
