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The plea had sought directions to disclose all data/material for the assessment done of the progress made regarding implementation of the Animal Birth Control (Dogs) Rules, 2001, in terms of Clause (4) of Rule 6, which is a mandatory clause
A division bench comprising of CJ Satish Chandra Sharma and Justice Jasmeet Singh of the Delhi High Court recently directed the respondents to ensure that they continue with their efforts and drive for sterilization and immunization of stray dogs, as the same is an important public function and is required to be performed in all its earnestness.
The court was dealing with a plea filed by Conference for Human Rights seeking direction to the respondents to perform duties as envisaged under Sections 9, 11 of the ‘Prevention of Cruelty to Animals Act, 1960 and Rules 3, 5, 6 and 7 of the Animal Birth Control (Dogs) Rules, 2001.
The plea had sought direction to carry out regular Sterilization and immunization/vaccination Programmes in terms of Rule 3 (3), Rule 5 (a) and Rule 6 (2) Animal Birth Control (Dogs) Rules, 2001 for the Stray dogs at regular intervals of time, (using humane methods as prescribed under clause 4 of Rule 7), to contain their population and to prevent them from being afflicted by Rabies.
It further sought directions to disclose all data/material for the assessment done of the progress made regarding implementation of the Animal Birth Control (Dogs) Rules, 2001, in terms of Clause (4) of Rule 6, which is a mandatory clause.
The counsel for the petitioner submitted that the Respondents are not performing their duties and functions as prescribed under the law as they are not conducting any “sterilization programmes” to contain the canine population of the city which is growing at a frightening rate. “Even though crores of rupees are being allocated to them for this purpose, by the Central Government”, the counsel contended.
However, on perusal of the status report filed by respondents, the court said, “We are satisfied that respondent no. 2 (Delhi Government) and 3 (Municipal Corporation of Delhi) are regularly conducting the sterilization and immunization of stray dogs and are performing their statutory duties”.
“The respondents are directed to ensure that they continue with their efforts and drive for sterilization and immunization of stray dogs, as the same is an important public function and is required to be performed in all its earnestness”, the court said in its order dates August 18.
Case Title: Conference for Human Rights (India) (regd.) v. Union of India and Ors.
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