New Delhi: At a time when there is uproar among animal lovers over the Supreme Court’s direction to remove all stray dogs from Delhi-NCR and move them to shelters within eight weeks, Chief Justice of India (CJI) B.R. Gavai was Wednesday apprised of a previous order of the top court that disallows the relocation and indiscriminate killing of stray dogs.
The CJI was hearing a pending Special Leave Petition (SLP) filed by the Conference for Human Rights—a non-governmental organisation—that had sought a count of all stray dogs in the region, and raised concerns about the implementation of Animal Birth Control (ABC) Rules by municipal authorities.
Told “this is with regard to the community dogs issue”, CJI Gavai is learnt to have said, “But the other judge bench has already passed orders.”
The petitioner, appearing in person, then mentioned that there is an earlier judgement passed by a coordinate bench of the SC “which says there cannot be indiscriminate killing of canines…which says compassion for all living beings has to be there”.
To this, CJI Gavai said, “I will look into this.”
While the animal welfare community has pinned its hopes on the CJI for possible relief, large sections of the public have welcomed the Supreme Court’s Monday directions for removal of all stray dogs from the streets of Delhi-NCR, saying it was a much-needed step amid a rise in dog bite cases due to constant human-animal conflict, and the threat of rabies.
Animal lover groups, who have staunchly opposed the Supreme Court’s Monday order, saying it is not just impractical, but also inhumane, are desperately waiting for a copy of the order, which is yet to be uploaded on the top court’s website. “We cannot do much until we have read the order. Meanwhile, even though it is not out yet, orders and government directions are being issued in other states citing it,” advocate Gauri Puri, who was present at the proceedings before CJI Gavai Wednesday, told ThePrint.
Soon after the Supreme Court’s Monday order, the Rajasthan High Court directed municipal bodies to undertake a special drive to remove stray dogs and other animals from city roads. The Goa government too has constituted a special task force on stray dog management.
While hearing the SLP Wednesday, a bench of CJI Gavai and Justice Augustine George Masih gave the respondent, in this case the Union government, six weeks to file a counter-affidavit.
The earlier judgement the petitioner mentioned before the CJI pertained to a bunch of petitions regarding Animal Birth Control (ABC) Rules that the Supreme Court had heard last year. They sought consideration as to whether the Prevention of Cruelty to Animals Act, 1960, and the ABC Rules, 2001, would prevail over the municipal laws of states in the management of stray dogs.
The Supreme Court had then disposed of the petitions stating that all parties could pursue their remedies in the courts.
However, it had said: “…under all circumstances, there cannot be any indiscriminate killings of canines and the authorities have to take action in terms of the mandate and spirit of the prevalent legislation(s) in place. There is no gainsaying in the fact that exhibiting compassion to all living beings, is the enshrined Constitutional value and mandate, and cast obligation on the authorities to maintain.”
Meanwhile, actor John Abraham has written to CJI Gavai, urging him to review the apex court’s Monday order on removal of all stray dogs from Delhi-NCR.
Also Read: Why activists see SC order on removal of stray dogs as ‘violation’ of 2023 ABC rules
Looks like the well-protected “animal lovers” living their safe cocooned life in the ivory towers will make sure that the common man struggling to keep his and family alive and safe from the strays do not get any respite.
The likes of rich socialites and Bollywood actors should not be considered as stakeholders in this as they never face any problems with the strays. If they are really worried, as they have the means, in particular the bollywood actors, can build state-of-art shelters for the strays, keep them there and shower all their affection. But please do not play with the lives of common citizens who have to battle with so many things just to stay alive.
All stray dogs in Delhi/NCR should be rounded up and released into the official residence of the CJI. The honourable justice, with his infinite wisdom, would surely be able to understand the danger and threat they pose to human beings in minutes.
That said, all these animal lovers also need some tough love from the court. Maybe they can be rounded up too and lodged in dog shelters for a day along with their beloved strays. A single day spent with stray dogs should be enough to put some sense into them.