Akansha Upadhyay
Published on: 17 November 2022 at 23:02 IST
The Supreme Court of India directed that no coercive action will be taken in pursuance of an order of the Bombay High Court(Nagpur Bench) prohibiting the feeding of stray dogs in public places in Nagpur.
Noting that the menace of stray dogs has reportedly “increased beyond tolerable levels”, the High Court in October ordered that anyone interested in feeding stray dogs should formally adopt the dogs. And they have to be registered with the municipal authorities first, and then they have to be fed.
Taking a prima facie different view, Justice Sanjeev Khanna and Justice J.K. Maheshwari struck down the observation of the High Court prescribing this precondition.
You cannot insist that people who want to feed dogs must adopt them, or keep them in shelters,” orally said Justice Khanna.
Justice Khanna observed that all street dogs could not be taken to shelter homes or kept in captivity.
“Wherever required, to deal with their numbers, relocation can be contemplated. But, where the population is within control, let the street dogs be where they are.”
Emphasising the need to strike the right balance between human safety and animal welfare, Justice Khanna observed, “When there are human beings and motor cars, for instance, there are bound to be accidents. Conflicts of interest are inevitable. Otherwise, we will not need the Indian Penal Code and other criminal provisions. We will not need courts. Just as humans can do wrong, stray dogs may also cause a nuisance. Therefore, we have to be conscious of both sides.”
He added, “There may be other consequences if dogs are not there. There may be other issues which arise. That is why something has to be done at this juncture. This [High Court] order may have its own consequences and repercussions.”
Justice Khanna also acknowledged that street dogs, if not fed by the communities in which they belonged, would have to resort to scavenging in the trash for food.
Senior Advocate Gopal Sankaranarayan, on behalf of an applicant opposing the interim stay on the High Court order, said, “The literature has shown that dogs feeding near garbage dumps may lead to the spread of severe diseases.”This comment was met with a sharp retort from one of the advocates arguing for the October 21 order to be held in abeyance.
While pronouncing the interim order, the Bench directed the municipal corporation to designate areas in public places that could be used for feeding stray dogs. Justice Khanna suggested employing the services of sweepers who clean the roads, to inform the dog feeders of the demarcated feeding areas. “This will not take more than two days if you really want to carry out this exercise. Forget about the objections, do this proactively,” Justice Khanna said.