High Court grants 2 weeks' time to DABAW to file response in plea against illegal breeders in Delhi

The counsel appearing for the petitioner submitted that the response has yet not been received.

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Update: 2023-02-17 12:08 GMT

The Delhi High Court has allowed 2 more weeks for the Delhi Advisory Board for Animal Welfare (DABAW) to file a status report in a plea seeking directions to ensure strict compliance with the Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules 2017 against all the illegal breeders in Delhi.

A Division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was informed by the counsel appearing for DABAW that the status report had been prepared but the same was not on record.

The petition states that the State government isn't doing anything to stop illegal dog breeding places from breeding dogs and using them cruelly at their puppy mills. This is a clear violation of the Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules 2017, which are made under the Prevention of Cruelty to Animals Act, 1960, the plea read.

The petition said that even though the State Government knew everything, it had repeatedly failed to bring illegal dog breeders to justice. According to the petition, it had a huge effect on the welfare of animals and cost the State Government money.

The petition said that dog breeders are required to get a registration from the State Animal Welfare Board after a proper inspection. However, not a single dog breeder in Delhi is registered or following the rules, and their business activities continue unchecked, which is against the Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017, which were made under the Prevention of Cruelty to Animals Act, 1960.

The petition also said that in the 2014 case Animal Welfare Board of India vs. A. Nagaraja & Ors, the Supreme Court agreed that Article 21 right to live with dignity should include animal’s right and they should not be treated cruelly.

Article 51A(g) says that every citizen has a basic duty to care about other living things. Also, Article 21 recognises that the right to health is an important part of the right to life, the plea stated.

The high court has granted more time to the Government for filing the status report regarding the improvement in the situation and the actions taken. The next hearing will happen on May 12, 2023.

Case Title: Gauri Maulekhi vs. Govt. of NCT of Delhi

Statutes: Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules 2017, Prevention of Cruelty to Animals Act, 1960.

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