Stray Dogs Case : Live Updates From Supreme Court Hearing [Day 3]

Rao also addressed the Court on the Ladakh article J Mehta asked counsels to read yesterday.

Rao: We were asked us to read an article on Ladakh...I may point out there's also an article about a pack of stray dogs which took care of a little abandoned baby until someone came to the surprise of residents. Animals are per se good.

Sr Adv Raj Shekhar Rao (for an animal welfare organization): Court did not intend its interim order to have trappings of final order. Recently, this court passed an order about collective commitment towards wildlife and compassion for all living beings. Your lordships were the author of that. Empathy must guide conduct of individuals, but also the Court. Directions seem to be in teeth of what law suggests. Reality is - we don't have mechanism. Doctrine of proportionality - was the Court's order the most proportionate in the available background? Animals are per se good. CSVR achieves safety. We have placed on record videos to show how directions were implemented. Several instances where dogs have become part of establishment. CLC dog population has come down. Please consider giving institutions 6 months to see if they can address issue on their own. Not talking about hospitals. I have given details of videos where dogs were mishandled

J Mehta: There are many videos on YouTube about dogs attacking children and elderly, we don't want a contest.

Next hearing on Tuesday.

Singhvi: Even Art 142 can't be used to build something for which edifice is not there. Also, I may say, Amici are law advisors. They are not domain experts. Your lordships should have both. Matters like this require domain expertise. In Aravalli case, 90% members of Committee were bureaucrats. Reconsideration led to domain experts coming in. Amicus is only additional legal input. Domain experts would improve quality of the Court's order. Moreover, your lordships have passed an interim order, but it has all trappings of a final order. The elements of finality are - (a) substantive issues are decided or not (clearly they are) (b) are they permanent in nature (answer is yes) (c) expense (d) permanent constructions. That order had no hearing, domain experts. November order had to be a bridging gap, but nature of order is irreversible.

Singhvi: This is no longer about dogs, humans. It's about constitutional principles and limits of constitutional powers. According to us, my lord has seen statutes and rules, which heavily occupy the area

J Mehta: Exhaustively argued by Mr. Gopal S, that our order was contrary to Rules

Singhvi: Rules form a seamless web. This Court has held that such a web deters judicial intervention. For intervention, there has to be a legislative gap. [Citing a 2014 judgment] In case there's inaction by executive, court has obligation to enforce law. If there's vacuum, court can issue guidelines till legislature passes a law. There are many restrictions on your lordships. Till very recently, Vishaka guidelines operated without a law. For 20 years. It noted that there was a vacuum.

Sr Adv Arvind Datar: Allow me to argue on Tuesday. Just want to mention that on that Ladakh issue, a writ petition was filed. Directions have been issued.

Sr Adv Andhyarujina (for animal rights organization): We accept that stray dog population should be decreased. In Bombay, we have had significant impact. We have sterilized 66,000 dogs. The minute you remove a dog, however hard you try, population of dogs in that area increases. In Bombay, we experience positive results with CSVR principle. How aggressive dogs are to be dealt with provided under ABC Rules. We know court does not intend to starve the dogs to death. Municipal authorities must immediately setup feeding centres. On urgent basis.

Sr Adv Dr Abhishek Manu Singhvi (for "All Creatures Great and Small") takes to submissions.

Sr Counsel: It has been argued that dogs have to be micro-chipped. Cost is Rs.100-200. While it's done, if an aggressive dog runs behind people, it can be put in orange. If there's bite incident, a red flag can be put. This has worked in other countries, humans and dogs c-exist.

J Mehta: What's the population in those countries? Be realistic

Sr Counsel: If dog is annually given 3 vaccines, rabies unlikely. Re-vaccination is important. Indians tend to adopt a breed dog, foreign dog. Indian dogs adoption has to be encouraged.

Sr Counsel: Goldie was a female dog in AIIMS...

J Mehta: She was taken in operation theatre? Any dog in street is likely to have ticks. Imagine if they enter hospitals. Arguments being made far removed from reality. Even slight suggestion that dogs should be allowed in hospitals...don't try to glorify them! We will tell you at the end of arguments the reality.

Sr Counsel for 3 applicants (including Sharmila Tagore): A picture went viral recently, a dog walked all over US along with monks...complete ejection of all dogs might not be the answer. The answer is science. And psychology. Rules and module specify framework whereby dogs have to be captured and then released. Release of a dog is recognized and adopted in legislation. Once aggressive dog comes to our centre, and is given psychological treatment, they are sent back to society. There can be dogs which don't prove, they have to be put to sleep. But that dog has to be identified as aggressive by a Committee. We also suggest an Expert Committee for considering behavior of dogs

Sr Adv Madhavi Diwan (for an applicant): I am on monitoring. We are suggesting an online dashboard at state level to monitor local authorities. Idea is to automate implementation, increase transparency. We are also suggesting portal animal birth control units. Consequences of non-implementation by nodal officer, etc. should be self-operational.

Farasat: I have 6 broad suggestions -

- zoning of public spaces: some should be stray-dogs free, like hospitals, main roads

- identify feeders and locations away from public paths but in dogs' territory

- timebound ABC Rules implementation. Direct States to identify infra crunch and ask them how they will build it. Large no. of vet hospitals and clinics are not owned by municipal corporations. state govts and municipal corporations must work together. It has to be examined which are fit to be centres

- every municipal area should have one officer who has responsibility/accountability

J Mehta: your friends may have different opinion on these, but we are happy that you have tried to balance things.