New Delhi: The Supreme Court on Wednesday said it is not hesitating to deal with the issue relating to orders passed by various civic bodies in relation to stray dogs, especially in Kerala and Mumbai, but it will not allow the matter under consideration to fall within this scope. . be expanded.
The top court said that the parties before it should study the Enema Birth Control Rules, 2023 as it may resolve many of the issues raised earlier.
A bench of Justices J Maheshwari and Sanjay Karol said, "Let us also make one thing clear. We are not shying away from dealing with this issue but we will not allow its scope to expand."
The bench said that the 2023 rules are now in force and should be studied.A lawyer said the bench may give them some time to study Rules 202 and they will come back to the court.
“Please see, this is the crux of the matter,” the bench said.
Another lawyer referred to a recent advisory issued by the Animal Welfare Board of India (AWBI) for the implementation of the 2023 rules and said, "If we all follow it, I can say 90 per cent of the problem will be solved". .
“Please read the rules and advice of 2023,” the bench said.
“…after reading these 2023 rules, if maximum problems are being resolved, then we can say in some limited words that looking at the 2023 rules, the authorities can investigate the issues and deal with the problems as per law Are."And if any cause arises thereafter, the parties are free to resort to the higher courts..." and fixed the matter for further hearing on May 8.
While hearing the petitions in September last year, the top court had said that it would not like to give any interim directions in the matter and would take a decision only after considering the relevant laws, rules, implementation and the issues raised earlier. it.
A lawyer had said that different High Courts have taken different views on this issue.
During the last hearing, the top court had asked the AWBI to file an affidavit enclosing data on dog bites during the last few years in various states and major cities of the state.The top court had said that a balance has to be maintained between the safety of people and animal rights.
Some NGOs and individual petitioners have moved the top court against the decisions of some high courts, including the Bombay High Court and the Kerala High Court, to allow municipal authorities to deal with the menace of stray dogs as per rules.
The top court said that the parties before it should study the Enema Birth Control Rules, 2023 as it may resolve many of the issues raised earlier.
A bench of Justices J Maheshwari and Sanjay Karol said, "Let us also make one thing clear. We are not shying away from dealing with this issue but we will not allow its scope to expand."
The bench said that the 2023 rules are now in force and should be studied.A lawyer said the bench may give them some time to study Rules 202 and they will come back to the court.
“Please see, this is the crux of the matter,” the bench said.
Another lawyer referred to a recent advisory issued by the Animal Welfare Board of India (AWBI) for the implementation of the 2023 rules and said, "If we all follow it, I can say 90 per cent of the problem will be solved". .
“Please read the rules and advice of 2023,” the bench said.
“…after reading these 2023 rules, if maximum problems are being resolved, then we can say in some limited words that looking at the 2023 rules, the authorities can investigate the issues and deal with the problems as per law Are."And if any cause arises thereafter, the parties are free to resort to the higher courts..." and fixed the matter for further hearing on May 8.
While hearing the petitions in September last year, the top court had said that it would not like to give any interim directions in the matter and would take a decision only after considering the relevant laws, rules, implementation and the issues raised earlier. it.
A lawyer had said that different High Courts have taken different views on this issue.
During the last hearing, the top court had asked the AWBI to file an affidavit enclosing data on dog bites during the last few years in various states and major cities of the state.The top court had said that a balance has to be maintained between the safety of people and animal rights.
Some NGOs and individual petitioners have moved the top court against the decisions of some high courts, including the Bombay High Court and the Kerala High Court, to allow municipal authorities to deal with the menace of stray dogs as per rules.
