The Bombay High Court directed the Nagpur Municipal Corporation to check whether any stray dogs unauthorisedly collared and if so, take steps for removing their collars forthwith and later on deal with them in accordance with law.
The Nagpur Division Bench of Justice Sunil B. Shukre and Justice M.W. Chandwani heard a Public Interest Litigation (PIL) filed related to the issue of menace of the stray dogs. The N.G.O.- Save Speechless Organization, founded with the object of providing the dog shelter homes for taking proper care of stray dogs. The N.G.O. has prayed for its addition as a party-respondent in the petition.
D.P. Thakre , Additional Government Pleader for the respondent-State, submitted that he is yet to receive any instructions about exercise of the powers under Section 44 of the Maharashtra Police Act, 1951 by the Commissioner of Police, as directed by the High Court, and, therefore, he seeks time to file a reply in that regard.
In the meanwhile, the Court requested the Additional Government Pleader to take up the issue with the Commissioner of Police and see that no nuisance is created by the stray dogs and if it is found that there is nuisance created, it should be brought in control by the Commissioner of Police in exercise of the powers under Section 44 of the Maharashtra Police Act, 1951, conferred upon him, subject to directions of the High Court dated 22-10-2022. In fact, the Apex Court has already directed the Nagpur Municipal Corporation to take steps to deal with ferocious and aggressive dogs in accordance with law in it’s latest order dated 16-11-2022.
About the directions, which are required to be followed by the Nagpur Municipal Corporation and which have not been stayed by the Apex Court, we are of the view that the Nagpur Municipal Corporation must now show enthusiasm and must take the requisite initiative for complying with those directions; and doing so by it, would only lead to substantial reduction or elimination of the nuisance caused by ferocious and aggressive dogs.
Of course, that has to be done in accordance with law in terms of the directions issued by the Apex Court and also by this Court on 20-10-2022, to the extent they are not stayed by the Apex Court , the Court observed.
Ashwin Deshpande, counsel for one of the intervenors-respondents, draws the attention of the Court to the direction whereby the High Court had directed the Commissioner of Municipal Corporation, Nagpur, to look into the complaint dated 18-10-2022 filed by Dhantoli Nagrik Mandal complaining about the nuisance created by stray dogs in that area.
A further direction was issued to take steps and ensure that the nuisance is removed and eliminated on or before the next date. The Court had also directed the Commissioner of Municipal Corporation, Nagpur, to submit a compliance report on the next date.
There was a response, orally submitted by the Nagpur Municipal Corporation on the last date stating that about 24 stray dogs were detained by the Nagpur Municipal Corporation, which were later on released. However, the compliance report stating about the reduction or removal of the nuisance created by stray dogs is necessary and it is not as yet filed. The Court granted further time to the Corporation to file the same on record.
S.S. Sanyal , counsel for one of the intervenor respondent, invites attention of the High Court to some documents filed on record of the case by him, which contain the research papers and the revised module for stray dogs management, rabies eradication, reducing man-dog conflict, devised by the Animal Welfare Board of India.
He submits that the revised module formulated by the Animal Welfare Board of India draws on experiences of several other countries, including European countries, and our own country, which were successful in reducing the dog population.
He further submitted that this module takes care of not only the vaccination programmes and sterilization of stray dogs, but also the manner in which it has to be done and the nature of food that must be provided to stray dogs. He further submits that if this module is adopted and followed by the Nagpur Municipal Corporation, it would help in reducing or removing the man-dog conflict, putting an end to the nuisance of stray dogs.
The Bench noted that the Animal Welfare Board of India is not a party here and directed the Nagpur Municipal Corporation to consider the guidelines prescribed in the revised module issued by the Animal Welfare Board of India for the purpose of elimination of stray dogs’ nuisance and taking care of welfare of these stray dogs. “The Nagpur Municipal Corporation may also consult the Animal Welfare Board of india, if it thinks fit.”
The Court permitted the NGO to be joined as the party-respondents and said that each of the intervenors must give his or it’s suggestions regarding the manner in which the nuisance of stray dogs must be controlled.
It is pointed out by the Counsel that as an aftermath of the order of the High Court dated 20-10-2022, some of the persons have embarked upon the exercise of unauthorizedly collaring the stray dogs without obtaining their registration, just to create a confusion in the mind of the officials of the Corporation, who are tasked with taking of action for controlling the nuisance of stray dogs.
Therefore the Court directed that the Nagpur Municipal Corporation to check whether any stray dogs unauthorizedly collared and if so, take steps for removing their collars forthwith and later on deal with them in accordance with law. A compliance report in this regard be submitted on the next date. 1
Matter is listed further on 7-12-2022.