In the case titled DR. MAYA D. CHABLANI vs RADHA MITTAL & ORS, CS(OS) 277/2020 vide judgment dated 24.06.2021 HMJ J.R Midha, Judge, Delhi High Court upheld the animal rights and laid down detailed guidelines to feed and protect the animals. The suit was filed to restrain the defendant from feeding the stray dogs near the entrance/exit of the suit property.
The High Court held that the “Animals have a right under law to be treated with compassion, respect and dignity. Animals are sentient creatures with an intrinsic value. Therefore, protection of such beings is the moral responsibility of each and every citizen including the governmental and non-governmental organisations.”
It further laid down that the “Community dogs (stray/street dogs) have the right to food and citizens have the right to feed community dogs but in exercising this right, care and caution should be taken to ensure that it does not impinge upon the rights of others or cause any harm, hindrance, harassment and nuisance to other individuals or members of the society.”
In respect of the feeding of dogs it was observed that “Feeding of the community dogs have to be done at areas designated by the AWBI in consultation with Resident Welfare Associations or Municipal Corporation (in case RWA is not available). While determining the “designated area”, the AWBI and RWA/Municipal Corporations has to be conscious of the fact that every community dog is a territorial being and therefore, community dogs must be fed and tended to at places within their territory.”
To protect the interests of caregivers or animal feeders the High Court further held that “It is the duty of the AWBI and the RWAs to ensure and keep in mind the fact that All Law enforcement authorities shall ensure that no harassment or hindrance is caused to the person feeding street dog at the designated feeding spot and to properly implement the AWBI Revised Guidelines on Pet dogs and street dogs dated 26th February 2015.”
The court also observed that “Every dog is a territorial being, and therefore, the street dogs have to be fed and tended to at places within their territory which are not frequented, or less frequented, and sparingly used by the general public and residents.”
The court cautioned that “The residents and the members of the RWA as well as the dog feeders have to act in harmony with each other and not in a manner which shall lead to unpleasant circumstances in the colony.”
It also mandated that “The dogs have to be sterilized and vaccinated and returned to the same area. Vaccinated and sterilized dogs cannot be removed by the Municipality.”
The Court also observed that “Every RWA should form Guard and Dog partnerships and in consultation with the Delhi Police Dog Squad, the dogs can be trained to make them effective as guard dogs and yet friendly to those who live in the colony.”
In respect of the duties of Police the Court directed that “It shall be the duty and responsibility of the jurisdictional SHO to ensure that peace and harmony is maintained amongst the residents, care-givers and community dog feeders and there is no harassment to any care-giver or community dog feeder from feeding community dogs in the manner specified.”
The Court also directed for constitution of committee to carry out the guidelines given in the judgment. The court constituted a committee comprising of the Director, Animal Husbandry Department or his nominee, One Senior Officer to be nominated by all the Municipal Corporations, One Senior Officer to be nominated by Animal Welfare Board of India, One Senior Officer to be nominated by Delhi Cantonment Board and other members.
