Stray Dogs Case : Live Updates From Supreme Court Hearing [Day 2]

Dhruv Mehta (referring to a precedent): Unless we know the nos., I don't think necessary data is before the court...we don't know the capacity...to club infected dogs with normal dogs will create more problems. Rule 7 talks of classification of animals. All dogs would be covered under the rules. Govt does not have accurate statistics of dog bites. DG of Health Services has sought that data from states. Please keep the earlier order in abeyance. UGC has also written a letter suggesting animal welfare societies in higher educational institutions.

Sr Adv Gopal S: Rule 2 of ABC Rules provides a module dealing with problems of stray dogs. That has to be followed. AWB SOP provides for 5 things...it deals with shelters and management with vet etc. Second is identification of all institutions and nodal officers...removal of dogs is the last step. States have to identify first. It should have taken place long time ago. Census should be done first. Complete non-compliance by states!

Venugopal: In NK Ranjit Singh, J Narasimha had said CSR Funds can be utilized for environmental purposes...so those can be utilized. For the SOP concerning AWBI, there are 2-3 problems. They have modified their own requirements for constructing the shelters. Dogs can actually jump over upto 8 ft fences. This has been reduced to 6 ft! Now they are authorizing [unknown] people [to capture dogs] leading to killing

Sr Adv Dhruv Mehta (for an applicant): Applicant filed writ petition before Delhi HC over non-implementation of ABC Rules. HC invited status report, then just issued direction for implementation of law. Rules talk of constitution of a monitoring committee. One of its function is...Census is essential. Last was in 2009. 5,60,000 dogs were there in Delhi alone. Rule 11 talks of capturing, etc. Rule 11(6) says only a stipulated no. of animals according to housing capacity of the centres should be captured. CAPACITY IS NOT THERE! so where would you keep them?

Venugopal: Suggestions - (i) there's no budgetary allocation for implementation of Rules. If one has AB Centre in each district, it would cost 1600 crores. 5 Ministries in the Union should be involved. We are suggesting designation of a single nodal agency...performance link triggers...a mandate for district level infrastructure in capacity building. Only 66 AB Centres have been accredited at present. 5.2 crore dogs across the country. To ensure population control, we have to multiply this. There's manpower problem also. We need to train a specialized force. If I want to go get my dog sterilized, cost is over rs.10000. If mass scale has to be done in each centre, vets have to be trained. We don't have a centre to train! One centre in Lucknow that exists can train others in 15 day-courses. During Covid, govts working together tackled situation. Same can be done for this.

Singh: JNU is 1000 acres. DU is about 70-80 acres. Railway areas have porous borders. Dogs will come in. We have monkeys there too. What was worked is - ABC rules - when they are properly implemented. We have pointed out that when dogs are put in large nos. in shelters, in congested environment, that has led to other diseases. This court noted that despite ABC Rules and court orders, in large no. of states, there was breach. The fact that states have violated rules or orders should not result in gettison in the Rules. We are seeking modulation of the order.

Sr Adv Krishnan Venugopal (for country's leading expert on animal rights, working with 4 states): I agree that dogs can't be there in hospital wards. I'm saying that till now, there has been no will to implement statutory rules. AWBI SOP is in violation of their own rules. Cost estimate of the proposed course can go to Rs.26,800 crores. One would have to construct 91,800 new shelters.

Amicus Sr Adv Gaurav Aggarwal: Remaining 4 states have now filed their affidavits. 16 states are done, 7 are left. I will submit revised note

Sr Adv CU Singh: With regard to SOP of Animal Welfare Board, 4 big states have filed formal objections. It might be of relevance. Amicus may confirm...In Delhi, there is rodent and monkey menace also. What happens when there's abrupt removal of canines - rodent population shoot up. They are disease carriers. Canines maintain balance

J Mehta: Is there a correlation? In a lighter vein, dogs and cats are enemies. We should promote more cats, since they are enemies of rodents. We have not directed removal of every dog from street. They have to be treated as per rules

Singh: Let dogs be regulated in manner which has proved efficacious - sterilization and re-release in same area

J Mehta: How many dogs each hospital should have, tell us? beside each bed?