New Delhi: The Supreme Court docket on Friday mentioned no coercive motion ought to be taken towards residents feeding stray canines, after the Bombay excessive court docket on October 21 handed a blanket ban on feeding stray canines and directed Nagpur municipal authorities to penalise these violating its order with a advantageous of ₹200.
A bench of justices Sanjiv Khanna and JK Maheshwari discovered the omnibus ban imposed by the Nagpur bench of the excessive court docket to be unreasonable and mentioned: “If stray canines aren’t fed, they’ll turn out to be extra aggressive.”
The bench agreed that some a part of the excessive court docket order wanted modification and to work out an answer, it sought the responses from the Nagpur municipal company (NMC) and the Animal Welfare Board by November 16.
With out staying the HC order, the bench directed the NMC authorities to not take any coercive motion towards residents who violate the excessive court docket’s order.
The excessive court docket handed a slew of instructions on October 21 on two separate petitions by Nagpur residents searching for pressing answer to the rising menace of stray canines. The excessive court docket recognised the truth that the issue brought on by stray canines had “elevated past tolerable ranges”.
“No resident of Nagpur and areas surrounding it shall feed or make any try to feed the stray canines in public locations, gardens and so forth,” mentioned the excessive court docket. “We additional direct the municipal commissioner of NMC to make sure that no such feeding at anywhere besides personal properties of such individuals shall be undertaken.”
“If any individual is inquisitive about feeding stray canines, he shall first undertake the stray canine/bitch, deliver it to dwelling, register it with Municipal Authorities or put it in some canines shelter dwelling after which showering his love and affection on it, might feed it whereas taking its private care in all respect,” it added.
The highest court docket, nonetheless, didn’t agree with such a reasoning. “Adoption shouldn’t imply strays should be introduced into the properties of the feeders,” it mentioned.
The highest court docket’s commentary got here on a petition filed by Swati Sudhirchandra Chatterjee difficult the excessive court docket course, calling it unlawful. She identified that there isn’t any regulation that prohibits feeding of stray canines. “To have compassion for dwelling creatures is a constitutional mandate, as mirrored in Article 51-A(g) of the Structure (labeled as Basic Duties).” She additional identified that the HC order goes opposite to the authorized mandate beneath Part 3 of the Prevention of Cruelty to Animals Act, 1960 which secures proper of meals and shelter to each animal.
The petitions earlier than the HC introduced out cases the place stray canines attacked residents, scared little youngsters and in some tragic cases, even injured or mauled infants and youngsters.
The HC even went to the extent to direct the Commissioner of Police and Superintendent of Police, Nagpur (Rural) to manage the menace through the use of its energy beneath Part 44 of the Maharashtra Police Act. This provision permits police to detain, promote or destroy any stray canine discovered wandering on the street or any public place. Following this determination, the company had begun to detain stray canines on a big scale inside the metropolis.