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Delhi High Court, in its order on June 24, said there is a need to spread awareness that even animals have a Right to Live with Respect and Dignity. Court imposed a duty on Resident Welfare Association/Municipal Corporation and all Govt. authorities, including enforcement authorities like police, to ensure that no hindrance is caused to the caregivers or feeders of community dogs.

Justice JR Midha, while issuing guidelines to ensure that Animals are treated with compassion and love, in accordance with Prevention of Cruelty to Animals Act, said,

“There is a need to spread awareness that even animals have a right to live with respect and dignity.

Animal Welfare Board of India (AWBI) shall carry out an awareness campaign in association with various Newspapers, Television, Radio Channels and Social Media platforms.

AWBI shall also ensure these Guidelines are disseminated through the above-mentioned media.

AWBI shall circulate these Guidelines to various Resident Welfare Associations, the Police Department, Municipal Authorities etc.”

An Implementation Committee was formed by the bench to ensure compliance of the guidelines issued, comprising:

1. The Director, Animal Husbandry Department or his nominee;
2. One Senior Officer to be nominated by all the Municipal Corporations;
3. One Senior Officer to be nominated by Delhi Cantonment Board;
4. One Senior Officer to be nominated by Animal Welfare Board of India;
5. Ms. Nandita Rao, Additional Standing Counsel, Govt. of NCT of Delhi as Convenor;
6. Ms. Manisha T. Karia, Advocate for Animal Welfare Board of India;
7. Mr. Pragyan Sharma, Advocate.

Guidelines Issued by the Court:

1. Animals have a right under law to be treated with compassion, respect and dignity.
2. No pain or agony should be caused to the animals.
3. Street dogs have the right to food and citizens have the right to feed community dogs but in exercising this right, care and caution should be taken to ensure that it does not impinge upon the rights of others or cause any harm, hindrance, harassment, nuisance to other individuals/members of the society.
4. Feeding of the community dogs have to be done at areas designated by the AWBI in consultation with Resident Welfare Associations (RWA) or Municipal Corporation (in case RWA is not available).
5. While determining the “designated area,” the AWBI and RWA/Municipal Corporations has to be conscious of the fact that every community dog is a territorial being and therefore, community dogs must be fed at places within their territory.
6. All Law enforcement authorities shall ensure that no harassment or hindrance is caused to the person feeding street dog at the designated feeding spot and to properly implement the AWBI Revised Guidelines on Pet dogs and street dogs dated 26th February, 2015.
7. It shall be the duty and obligation of every Resident Welfare Associations or Municipal Corporation (in case RWA is not available) to ensure that every community dog in every area has access to food and water in the absence of caregivers or community dog feeders in the said area.
8. Any person having compassion for stray dogs can feed the dogs at their private entrance/porch/driveway of their house or any other place not shared with other residents.
9. No person can restrict the other from feeding of dogs, until and unless it is causing harm or harassment to that other person.
10. AWBI shall ensure that every Resident Welfare Association or Municipal Corporation (in case RWA is not available), shall have an Animal Welfare Committee, which shall be responsible for ensuring compliance of the provisions of the Prevention of Cruelty to Animals Act and ensure harmony and ease of communication between caregivers, feeders or animal lovers and other residents.
11. Municipal Corporations at the request of the RWA or local authority or persons volunteering to take such responsibility shall be responsible for having the stray dogs registered / vaccinated / sterilised, and return them to the same area.
12. No hindrance, whatsoever, shall be caused to the persons in carrying out any activities in respect of the street dogs at the said spot. Also, it shall be the duty of the SHO concerned to ensure peace and harmony is maintained amongst the residents of the area.
13. If any community dog is injured or unwell, it shall be the duty of the RWA to secure treatment for such dog by the vets made available by the Municipal Corporation or privately from the funds of the RWA.
14. It is the responsibility of the community residents to get their dogs vaccinated against rabies every year to prevent the spread of rabies.
15. Every RWA should form Guard and Dog partnerships and in consultation with the Delhi Police Dog Squad, the dogs can be trained to make them effective as guard dogs and yet friendly to those who live in the colony.
16. To check overpopulation of street dogs, it shall be the responsibility of community to get their street dog population sterilized through an NGO engaged in Dog sterilization programme.

Court also directed to sensitize Judges about the present subject matter.

Reference was inter-alia drawn to State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat, (2005) 8 SCC 534, Animal Welfare Board Of India v. A. Nagaraja, (2014) 7 SCC 547, Animal Welfare Board of India v. People of Elimination Of Stray, (2016) 2 SCC 598, People for Animals v. Md. Mohazzim, 2015 SCC OnLine Delhi 9508, Narayan Dutt v. Union of India, 2018 SCC Online Utt 645.

Case Title: Dr. Maya D. Chablani v. Radha Mittal & Ors.