'Stray Dog Issue Due To Authorities' Inaction': Supreme Court Reserves Order On Plea To Stay Directions To Remove Delhi Stray Dogs

The Supreme Court today(August 14) reserved order on the pleas to stay the directions passed by a two-judge bench on August 11 to remove the stray dogs in Delhi National Capital Region to shelter homes.A three-judge bench comprising Justice Vikram Nath, Justice Sandeep Mehta and Justice NV Anjaria heard the matter. In a dramatic turn of events yesterday, the suo motu case relating to stray dogs, in which the August 11 directions were passed by a two-judge bench comprising Justice JB Pardiwala and Justice R Mahadevan, was shifted to this three-judge bench, after some lawyers mentioned before the Chief Justice of India that those directions were in conflict with the previous orders passed by other benches.At the outset, Solicitor General of India Tushar Mehta, for the Government of NCT of Delhi, started by saying that "there was a loud vocal minority and a silent suffering majority." "I have seen people posting videos of eating meat and then claiming to be animal lovers," SG said.He added that there are several instances of children dying due to rabies after dog bites. "Sterilisation does not stop rabies. Even if the dogs are immunised, that won't stop them from mutilating children," SG said. 37 lakh dog bites happen every year, which is an average of about 10,000 dog bites every day, he said quoting a report of the Economic Times. About 20,000 rabies deaths happen every year as per WHO statistics, he said."Only four or five species of snakes are poisonous. But we don't keep them at homes. Nobody is saying kill dogs. They need to be separated. Kids are not able to play outside or go to school," SG said.Senior Advocate Kapil Sibal countered the SG by saying, "This is the first time I hear the Solicitor General say don't look at the legislation which occupies the filed. There are the ABC rules. There is a Parliamentary legislation. That has to be complied with. How do you comply with? Who has to comply? The Municipal Corproation, what have they been doing over the years? Have they built shelter homes? Since they have not sterilised, dog numbers increased. Since they have no owners, the community is taking care of them. Where are the shelters? Where are the pounds? They will be culled."Sibal requested the bench to stay the order passed by the two-judge bench on August 11 to remove and relocate the stray dogs from Delhi-NCR to shelter homes. He particularly sought the stay of directions 1, 3, 4 and 5 of the August 11 order, which mandated the authorities to start picking up dogs. "There have been situations where there is not enough space in the shelters, and the dogs stay together and attack each other, causing pestilence. That will also affect humans," Sibal said."If they don't sterlise, don't immunise, dogs will multiply," said Sibal, who was representing an organisation called Project Kindness. He also sought for a direction to release the dogs which have already been picked up.Justice Vikram Nath asked if the authorities have already started picking up the dogs, even though the August 11 order was uploaded only yesterday. Sibal answered in the affirmative.Senior Advocate Dr Abhishek Manu Singhvi submitted that the suo motu order ignored the earlier orders passed by the Supreme Court, which disapproved en-masse picking up of dogs and held that the ABC Rules have to be strictly enforced. Singhvi said that at least 6 previous orders have been ignored by the two-judge bench.Senior Advocate Siddharth Dave submitted that the August 11 order was passed only on the basis of the assertions of the Solicitor General and the amicus curiae and without hearing the animal rights activists. Senior Advocate Aman Lekhhi submitted that the directions were based only on anecdotal reports and unauthenticated videos.Sterilisation and proper feeding of dogs will bring the population of the dogs down, said Senior Advocate Colin Gonsalves. Senior Advocate Krishnan Venugopal said that there are about 1 million dogs in Delhi-NCR and that the shelter homes can accommodate only about a thousand.Justice Sandeep Mehta at this juncture interjected to say that all these statements are also "anecdotal." "Where is the evidence?" Justice Mehta asked.Senior Advocate Siddharth Luthra pointed out that the Delhi Government, in a connected matter, has filed an affidavit stating that they are ready to comply with the ABC rules.The bench turned to Addl Solicitor General Archana Pathak Dave, representing the MCD, seeking their stand."What is your stand? This is happening because of the inaction of the Municipal Corporation. The Government does nothing. The local authorities do nothing," Justice Vikram Nath said."Local authorities are not doing what they should be doing. They should be here taking responsibility. Everyone who has come here to file intervention should take responsibility," Justice Nath said before concluding the hearing.BackgroundThe matter was heard by a bench comprising Justice Vikram Nath, Justice Sandeep Mehta and Justice NV Anjaria ...

'Stray Dog Issue Due To Authorities' Inaction': Supreme Court Reserves Order On Plea To Stay Directions To Remove Delhi Stray Dogs

Amisha Shrivastava & Gursimran Kaur Bakshi

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