The bench of Chief Justice Manmohan and Justice Tushar Rao Gedela of the Delhi High Court emphasized the importance of preventing stray animals from taking over Delhi. It was hearing a public interest litigation (PIL) moved by an NGO, raising the issue of stray dogs and monkeys attacking persons with disabilities.
The bench instructed the Chief Secretary of Delhi to convene a meeting on November 4, inviting key officials from the New Delhi Municipal Council (NDMC), Municipal Corporation of Delhi (MCD), Delhi Cantonment Board, and the forest department. The purpose of the meeting is to devise a comprehensive strategy for addressing the concerns over the menace of stray dogs and monkeys. The bench further instructed that the meeting should also be attended by the Secretary of the Animal Welfare Board of Delhi, the Animal Husbandry Department of the Delhi government, the Animal Welfare Board of India, petitioners’ lawyers Rahul Bajaj and Amar Jain, and activist Gauri Maulekhi.
The bench observed: “A society comprises various groups, including those suffering from various disabilities, and they have a genuine problem. This is a very important issue. Nowhere in the world will you find that the whole city is taken over by monkeys and dogs. That should not happen. They also need to be treated with respect.”
“We will treat stray animals with respect, but human beings also need to be treated with respect. Therefore, some mechanism has to be evolved. Persons with disabilities should also not be troubled by stray animals and people should be able to walk on the streets of the city,” the bench further observed. “With the consent of all parties, it is directed that the monkeys be shifted to the Asola Bhatti Wildlife Sanctuary. It should be executed by the MCD, NDMC, Cantonment Board and forest department on a priority basis,” it added.
The PIL said that besides the attacks, there is lack of an enabling framework for the use of therapy or service animals by persons with disabilities. Bajaj, who is visually impaired, claimed that the Animal Birth Control Rules are in violation of the provisions of the Rights of Persons with Disabilities Act and have failed to address the issue of stray animal attacks on the differently-abled, who are incapable of defending themselves. The white cane used by the visually-impaired resembles a stick that the animals perceive as a threat and therefore, attack, he said.
The bench further stated that people with disabilities have a fundamental right to stroll on the city’s streets, although other people believe that specially-abled people have no rights. “This notion should not be there. Leave aside this gentleman (Bajaj), even we are not able to walk on the streets. It is time for you (authorities) to realise your mistakes. Some broad action plan has to be brought in by you,” the bench said. It also observed that people with disabilities face a legitimate problem—they are attacked and mauled by stray dogs, and there is little space for them to go on the streets. It further stated that animals prefer to stay in their natural habitats in the jungle, and humans are not permitted to bring them into cities.
The bench was perplexed by the fact that stray dogs and monkeys co-exist even in hospitals, where people go for treatment and need to stay in a sterilised atmosphere. “You cannot have strays in hospitals. The AIIMS cannot be infested with stray dogs and monkeys. People have gone there for an operation, they need to live in a clean environment and they have to live in a sterilised area. So, there cannot be animals in hospitals,” the bench said.
The bench further stated that the primary focus should be on clearing public parks, schools, and hospitals, particularly those frequented by children and individuals with disabilities and the municipal authorities should take the lead in this endeavour.
The bench also expressed concern over the increasing difficulty in navigating the streets of Delhi, even with a pet dog, due to the large number of stray animals. “It is a genuine problem and we cannot have this situation where children are bitten by stray animals and they cannot play in parks,” it added. “We need to balance the interests and not go overboard on either side. You will not find any city of the world where strays will run over a city and if you go to any developed city in the world, including London, you will not find stray dogs and monkeys roaming around,” the bench observed.
It is important to note that there have been significant number of incidents involving monkey bites reported within Delhi. The Tis Hazari Courts Complex is rendered unusable after 4 pm due to monkey menace. These institutions are essential workplaces and the presence of monkeys hinders people from effectively carrying out their duties.
The bench showed its concern regarding the rapid increase in the stray animal population. In response, an officer from a civic body reported that the majority of stray dogs in the NDMC areas have undergone sterilization, and this process is being implemented in other areas as well. However, he also said that after sterilisation, the canines are left at the same place from where they were picked up.
“A practical solution needs to be devised now and not in the future. We cannot allow this extreme to come that stray animals will be all over the city and human beings will not have any right to live here. We cannot have so many monkey bites,” the bench concluded.
—By Abhilash Kumar Singh and India Legal Bureau