The Supreme Court recently stayed an order by the Delhi High Court that had issued a plethora of orders for the welfare of stray dogs after finding that they have a right to sustenance.
The verdict that declared stray dogs must have access to food and water, and that Resident Welfare Associations are obligated to provide it, was stayed by a Division Bench of Justice Vineet Saran and Justice Aniruddha Bose.
“Permission is granted to file a Special Leave Petition. Send out a notice that must be returned within six weeks. The assailed order’s execution will be halted in the meantime “The Supreme Court stated.
In July 2021, the High Court issued an order prohibiting certain individuals from feeding stray dogs. The disagreement was settled peacefully, but the High Court was urged to establish norms for feeding stray dogs.
Community dogs (stray dogs) have the right to food, and citizens have the right to feed them, according to Justice JR Midha. As a result, the single-judge held that no one can prevent someone from feeding dogs unless that person is being harassed or harmed.
“Community dogs (stray/street dogs) have a right to food, and citizens have the responsibility to feed them….
Anyone who cares about stray dogs can feed them at their home’s private entrance/porch/driveway or any other location not shared with other people. Until and unless it causes harm or annoyance to the other person, no one can prevent the other from feeding dogs “As stated by the High Court.
An appeal was filed, claiming that the High Court’s decision was in violation of a 2015 Supreme Court order prohibiting courts from passing any dog-related orders and the Animal Birth Control Rules (ABC Rules).
“This Hon’ble Court has specifically asked High Courts not to pass any order or judgments, relating to dogs, the Prevention of Cruelty to Animals Act and ABC Rules, and related issues of their feeding in public places as a means to implement the ABC Rules,” the plea stated.
It was also claimed that the petitioners in the Delhi High Court concealed material from the court on purpose and with malice, and that the High Court’s decision was based on various patently deceptive, irrelevant, and factually inaccurate assertions and disinformation.
Last year, the Kerala High Court filed a suo motu lawsuit to investigate the state government’s executive and legislative inaction on animal rights protection.
In commemoration of Bruno, a Labrador dog savagely killed by three adolescents in the State, this suo motu case was titled In Re: Bruno.
In 2020, the Allahabad High Court ordered the Nagar Nigam (municipality) to clear the city of stray cattle and dogs.
Senior Advocate Sanjay Sarin, Advocate-on-Record Nirnimesh Dubey, and counsel Ankur S Kulkarni, Susheel Joseph, Rohin Oza, Gagandeep Kaur, Pushkar Karni Sinha, Uditha Chakrovarti, Shashank Shukla, and Anant Prakash represented the petitioners before the Supreme Court in this appeal.
Case: Humane Foundation for People and Animals v. Animal Welfare Board of India.
