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Supreme Court considers taking steps to control Delhi's stray dog menace
Harish V Nair | | Mail Today | New Delhi, November 16, 2015 | Posted by Mriganka Sen | UPDATED 17:54 IST
The municipal and central rules differ on the issue of tackling dog menace.
If Dushyant Dave, the senior lawyer assisting Supreme Court as an amicus curiae in the case wherein the judges are deciding on steps to control the stray dog menace across the country, has his way, the canines on Delhi's streets are in big trouble. Dave feels that nearly four lakh stray dogs in the Capital are an eyesore and urgent measures were called for to remove them from the streets.
"In Delhi there are hundreds and thousands of stray dogs. Several persons are getting bitten every day. They must be removed. Recently there was also an incident where a little girl who was hiding at a place to escape from a dog which was chasing her, got raped," Dave submitted to a bench of Justice Dipak Misra and Justice Prafullah Chandra Pant.
"We all are dog lovers. Even I am a dog lover. I have grown up with dogs. But imagine stray dogs everywhere in the city. Delhi is the national Capital. So many foreigners come here. Imagine surrounded by stray dogs when one goes for jogging to a park like posh Lodhi Garden in the morning. What is the impression outsiders get about Delhi?" he told the court.
When asked if he favoured killing of all stray canines, Dave said, "I have still not applied my mind on it. But these dogs must not be there on the streets. I will submit a detailed affidavit soon on what I feel should be done to the dogs".
The next hearing of the case is on November 18. The SC bench has clubbed petitions filed by dog lovers and Animal Welfare Board of India challenging the orders of Kerala (2006) Bombay (2009) and, Karnataka (2013) which allowed local authorities to cull stray dogs in their respective states.
The bench has told Dave that the word "nuisance", "dangerous", "menace" has not been clearly defined in the Acts concerned and has sought his assistance in this regard.
Sonya Ghosh, Founder of NGO Citizens For the Welfare and Protection of Animals reacted sharply to Dave's statement. "It may be the amicus curiae's independent perception. The dogs cannot be killed or removed just like that. There are rules governing it and they have to be followed in letter and spirit."
"No rules permit culling. Even for removal, municipal corporations do not have space to keep them. It is the NGOs in the field which are doing whatever is possible like picking up rabies affected dogs, sterilising them and leaving them in the same locality," said Ghosh who is also a member of Delhi State Advisory Board For Animal Welfare.
The court has embarked on a task to relook into the rules which allowed municipal commissioners in most states to order killing of troublesome stray dogs.
"Our task would be to end the anomaly and incongruity between different rules which existed on the issue," it said.
Sample this-the municipal Act in several states gave commissioner the discretion to exterminate the dogs on receiving a complaint. But the central Act suggested something different. The Animal Birth Control Rules (ABC rules) formulated under Prevention of Cruelty to Animals Act of 1960 mandated killing of only rabiesafflicted, incurably ill or mortally wounded dogs.
Regarding trouble-causing dogs, the central Act says that on receipt of a complaint, the animal welfare board shall take away a dog and sterilise it. Senior lawyer T R Andhyarujina submitted before the court that in such a situation the central Act has to hold the field and the discretion given to the municipal commissioner will have to be removed. But the debate continues.
What kindled hope in the minds of large number of dog rights activists - of NGOs who are party in the case like Defence of Animals, Citizens for Animals, Friendicoes, Compassion Unlimited etc - that the court's final stand would be in their favour is the fact that Justice Misra repeatedly said during one of the hearing that "dogs have been the most faithful friend of man for centuries. "We need to deal with the issue constitutionally. Rules regarding various ways to put a dog to permanent sleep and in which kind of cases, it needs a re-look."
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source - Supreme Court considers taking steps to control Delhi's stray dog menace : Mail Today, News - India Today
also read ( Supreme Court to start final hearing on culling of stray dogs tomorrow | Zee News ).
-----
jamahir's comment...
as with other such dubious titles, india sadly is also the "dog capital of the world", with the capital city being bangalore ( as seen during my occasional visits to this city-cum-village )... there must be 50+ million dogs in india and i have always said that they must be eradicated... they are a deadly danger to human life and social harmony... they are also mainly responsible for the almost-extinct status of cats in india... any society that does not include cultural respect for cats has as effect increasing place for reactionaries and other criminal elements that destroy social harmony.
Harish V Nair | | Mail Today | New Delhi, November 16, 2015 | Posted by Mriganka Sen | UPDATED 17:54 IST
If Dushyant Dave, the senior lawyer assisting Supreme Court as an amicus curiae in the case wherein the judges are deciding on steps to control the stray dog menace across the country, has his way, the canines on Delhi's streets are in big trouble. Dave feels that nearly four lakh stray dogs in the Capital are an eyesore and urgent measures were called for to remove them from the streets.
"In Delhi there are hundreds and thousands of stray dogs. Several persons are getting bitten every day. They must be removed. Recently there was also an incident where a little girl who was hiding at a place to escape from a dog which was chasing her, got raped," Dave submitted to a bench of Justice Dipak Misra and Justice Prafullah Chandra Pant.
"We all are dog lovers. Even I am a dog lover. I have grown up with dogs. But imagine stray dogs everywhere in the city. Delhi is the national Capital. So many foreigners come here. Imagine surrounded by stray dogs when one goes for jogging to a park like posh Lodhi Garden in the morning. What is the impression outsiders get about Delhi?" he told the court.
When asked if he favoured killing of all stray canines, Dave said, "I have still not applied my mind on it. But these dogs must not be there on the streets. I will submit a detailed affidavit soon on what I feel should be done to the dogs".
The next hearing of the case is on November 18. The SC bench has clubbed petitions filed by dog lovers and Animal Welfare Board of India challenging the orders of Kerala (2006) Bombay (2009) and, Karnataka (2013) which allowed local authorities to cull stray dogs in their respective states.
The bench has told Dave that the word "nuisance", "dangerous", "menace" has not been clearly defined in the Acts concerned and has sought his assistance in this regard.
Sonya Ghosh, Founder of NGO Citizens For the Welfare and Protection of Animals reacted sharply to Dave's statement. "It may be the amicus curiae's independent perception. The dogs cannot be killed or removed just like that. There are rules governing it and they have to be followed in letter and spirit."
"No rules permit culling. Even for removal, municipal corporations do not have space to keep them. It is the NGOs in the field which are doing whatever is possible like picking up rabies affected dogs, sterilising them and leaving them in the same locality," said Ghosh who is also a member of Delhi State Advisory Board For Animal Welfare.
The court has embarked on a task to relook into the rules which allowed municipal commissioners in most states to order killing of troublesome stray dogs.
"Our task would be to end the anomaly and incongruity between different rules which existed on the issue," it said.
Sample this-the municipal Act in several states gave commissioner the discretion to exterminate the dogs on receiving a complaint. But the central Act suggested something different. The Animal Birth Control Rules (ABC rules) formulated under Prevention of Cruelty to Animals Act of 1960 mandated killing of only rabiesafflicted, incurably ill or mortally wounded dogs.
Regarding trouble-causing dogs, the central Act says that on receipt of a complaint, the animal welfare board shall take away a dog and sterilise it. Senior lawyer T R Andhyarujina submitted before the court that in such a situation the central Act has to hold the field and the discretion given to the municipal commissioner will have to be removed. But the debate continues.
What kindled hope in the minds of large number of dog rights activists - of NGOs who are party in the case like Defence of Animals, Citizens for Animals, Friendicoes, Compassion Unlimited etc - that the court's final stand would be in their favour is the fact that Justice Misra repeatedly said during one of the hearing that "dogs have been the most faithful friend of man for centuries. "We need to deal with the issue constitutionally. Rules regarding various ways to put a dog to permanent sleep and in which kind of cases, it needs a re-look."
-----
source - Supreme Court considers taking steps to control Delhi's stray dog menace : Mail Today, News - India Today
also read ( Supreme Court to start final hearing on culling of stray dogs tomorrow | Zee News ).
-----
jamahir's comment...
as with other such dubious titles, india sadly is also the "dog capital of the world", with the capital city being bangalore ( as seen during my occasional visits to this city-cum-village )... there must be 50+ million dogs in india and i have always said that they must be eradicated... they are a deadly danger to human life and social harmony... they are also mainly responsible for the almost-extinct status of cats in india... any society that does not include cultural respect for cats has as effect increasing place for reactionaries and other criminal elements that destroy social harmony.
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