New Delhi: Hearing petitions including those on culling of stray dogs, the Supreme Court on Wednesday said it is not shying away from handling issues related to orders passed by various civic bodies regarding wild dogs, especially in Kerala and Mumbai. But this will not be allowed to happen. The scope of the case under consideration will be expanded.
The top court is considering several petitions, including those related to provisions of the Prevention of Cruelty to Animals Act, 1960, Enema Birth Control (Dogs) Rules, 2001 and the Kerala Municipality Act, 1994.
While one petition raises the issue of culling of stray dogs in Kerala, some other petitions relate to the Bombay High Court's 2022 comment about people being interested in their safety and welfare, wherein they Including feeding, taking them to dog shelters. Which includes keeping a house and bearing its expenses. Their maintenance.
During the hearing on Wednesday, the top court said that its parties should study the Animal Birth Control Rules, 2023 as many of the issues raised before it can be resolved by simple observation. A bench of Justices J Maheshwari and Sanjay Karol said, "Let us make one thing clear that we are not shying away from dealing with this issue but we will not allow its scope to expand.",
When a lawyer said the bench could give him some time to read the 2023 rules before coming back to the court, the bench said, "Please see, this is the gist of the matter."
Another lawyer cited 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 that 90 per cent of the problem will be solved. " ,
"...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 solve the problems as per law. Can deal with." And if any cause of action arises thereafter, the parties are free to take recourse to the higher courts...'' the top court said and posted the matter for further hearing on May 8.
While hearing the petitions in September last year, the top court had refused to pass any interim direction in the case and said it would decide after examining the relevant laws, rules and their implementation.During the last hearing, the top court had asked the AWBI to file an affidavit enclosing data of dog bite incidents in various states and major cities during the last few years.
The top court had said that a balance has to be maintained between people's safety and animal rights.
Some NGOs and individual petitioners have moved the top court against the decisions of some High Courts, including the High Courts of Bombay and Kerala, to allow municipal authorities to deal with the menace of stray dogs as per the rules.
The top court is considering several petitions, including those related to provisions of the Prevention of Cruelty to Animals Act, 1960, Enema Birth Control (Dogs) Rules, 2001 and the Kerala Municipality Act, 1994.
While one petition raises the issue of culling of stray dogs in Kerala, some other petitions relate to the Bombay High Court's 2022 comment about people being interested in their safety and welfare, wherein they Including feeding, taking them to dog shelters. Which includes keeping a house and bearing its expenses. Their maintenance.
During the hearing on Wednesday, the top court said that its parties should study the Animal Birth Control Rules, 2023 as many of the issues raised before it can be resolved by simple observation. A bench of Justices J Maheshwari and Sanjay Karol said, "Let us make one thing clear that we are not shying away from dealing with this issue but we will not allow its scope to expand.",
When a lawyer said the bench could give him some time to read the 2023 rules before coming back to the court, the bench said, "Please see, this is the gist of the matter."
Another lawyer cited 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 that 90 per cent of the problem will be solved. " ,
"...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 solve the problems as per law. Can deal with." And if any cause of action arises thereafter, the parties are free to take recourse to the higher courts...'' the top court said and posted the matter for further hearing on May 8.
While hearing the petitions in September last year, the top court had refused to pass any interim direction in the case and said it would decide after examining the relevant laws, rules and their implementation.During the last hearing, the top court had asked the AWBI to file an affidavit enclosing data of dog bite incidents in various states and major cities during the last few years.
The top court had said that a balance has to be maintained between people's safety and animal rights.
Some NGOs and individual petitioners have moved the top court against the decisions of some High Courts, including the High Courts of Bombay and Kerala, to allow municipal authorities to deal with the menace of stray dogs as per the rules.
