Stray dogs have right to food & citizens right to feed them: Delhi HC

Tribune News Service
New Delhi, July 1

Holding that stray dogs have the right to food and citizens the right to feed them, the Delhi High Court has said those exercising this right should take care and caution to ensure that it does not impinge on others’ rights and cause harassment or nuisance.

“No hindrance, whatsoever, shall be caused to the persons in carrying out any activities in respect of the street dogs at the said spot... If any of the street dogs is injured or unwell, it shall be the duty of the RWA to secure treatment for such dogs by the vets made available by the MCD or privately from the funds of the RWA,” Justice JR Midha said in a recent verdict.

Describing animals as “sentient creatures with an intrinsic value”, the HC said, “Animals have a right under law to be treated with compassion, respect and dignity and their protection was the moral responsibility of each and every citizen including the government and NGOs.

“We have to show compassion towards all living creatures. Animals may be mute but we as a society have to speak on their behalf. No pain or agony should be caused to the animals. Cruelty to animals causes psychological pain to them. Animals breathe like us and have emotions. The animals require food, water, shelter, normal behaviour, medical care, self-determination,” the HC said.

Despite the clear position of law prohibiting cruelty to the animals including stray dogs, there was an increasing tendency among citizens to defy the same, it lamented.

The HC formed a committee comprising the Director of Animal Husbandry Department or his nominee, senior officers of all municipal corporations, Delhi Cantonment Board and certain advocates to implement the guidelines and asked it to hold its first meeting in four weeks.

The order came in a case of dispute between two residents of a locality on the issue of feeding stray dogs.

Laying down guidelines on feeding of stray dogs, the HC said it shall be the duty of RWA or Municipal Corporation and all government authorities, including enforcement authorities such as police to provide assistance and ensure that no hindrance was caused to the caregivers or feeders of community dogs and every canine had access to food and water in the absence of caregivers.

Animals Welfare Board of India (AWBI) shall ensure that every RWA or MCD shall have an animal welfare committee responsible for ensuring compliance of provisions of the Prevention of Cruelty to Animals Act and ensure harmony between caregivers, feeders or animal lovers and other residents, it said.

It said community dogs have to be fed at areas designated by the AWBI in consultation with the RWAs or MCDs and while doing so, the authorities have to be conscious of the fact that every community dog is a territorial being and they must be fed and tended to at places within their territory.

The MCDs, at the request of the RWA or local authority or volunteer, shall be responsible for having the stray dogs vaccinated or sterilised and the canines shall return to the same area and they cannot be removed by the municipality, it added.

It said there was a need to spread awareness that animals have a right to live with respect and dignity and asked the AWBI to carry out an awareness campaign in association with the media.

Every RWA should form ‘Guard and Dog partnerships’ and in consultation with Delhi Police Dog Squad, the dogs can be trained to make them effective as guard dogs as being territorial animals, it added.

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