The Supreme Court is hearing the case concerning stray dogs in India. A Bench of Justices Vikram Nath, Sandeep Mehta and NV Anjaria is hearing the matter.
The matter gained national attention last year after a Bench comprising Justices JB Pardiwala and R Mahadevan directed Delhi municipal authorities to round up and shelter stray dogs, drawing protests from animal rights groups.
That order was later modified by the present three-judge bench. It mandated vaccination and release of sterilized dogs instead of permanent sheltering.
During the hearing on December 7, the Court flagged the increasing number of dog bite incidents in the country and called out the municipal authorities and other local bodies for their failure to implement the Animal Birth Control (ABC) rules.
During the hearing of the matter on January 13, the Court lamented that while many lawyers argue for the welfare of dogs, the same enthusiasm is not reflected when it comes to arguing for the rights of human beings. The Court also asked a counsel appearing for a dog lover why they were not batting for adoption of orphaned children, but instead limiting themselves to promoting the adoption of stray dogs.
When the matter was heard on January 20, the Court said that it was serious about comments it made during hearings in the stray dogs case, including an earlier comment that dog feeders may be held liable for dog attacks.
When the matter was heard yesterday, the Court expressed its displeasure at what it perceived to be lack of adequate measures taken by various States to sterilise stray dogs, establish dog pounds and remove dogs from campuses of educational and other institutions.
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Hearing begins.
Amicus Curiae Gaurav Agarwal: Punjab has not submitted any action plan etc.
Counsel for Punjab: There is a budgetary allocation of 11cr. There are 20 dog catching vehicles available. There is a district level committee which we have formed. We have given a full action plan for institutions.
Court: How many dogs have you collected from institutions?
Counsel: For Malerkotla it is 108. I will place as and when information comes.
Court: When these so called NGOs were arguing they said there are only 56 licensed centres all over the country.
Gaurav Agarwal: Yes, centres have become non operational because of non renewal of licenses. Yesterday the MCD affidavit pointed that out.
For Rajasthan-
Gaurav Agarwal: Available dog shelters etc have not been pointed out in the affidavit. It appears that all private and government educational institutions have boundary wall and fencing. State has not come up with a plan.
ASG Aishwarya Bhati (for Rajasthan): We have 22 dog pounds. 21 have a capacity of 100. We will incorporate the suggestions. We have some budgetary allocations also.
Court: In a city like Jodhpur, Jaipur, you would need more than 20 shelters in one city. How will you tackle it. The arguments have come that the CSVR has to be implemented. Unless there are vehicles and man power how will you manage that?
Aishwarya Bhati: We have sought budgetary allocations.
Court: If you don’t tackle this problem it will keep on magnifying. Every year the population will go up by 10-15%. You are increasing your own problems by avoiding this. As Punjab said they are doing 100 dogs a day. No use. That’s a needle in a haystack.
Tamil Nadu-
Gaurav Agarwal: Only 35,000 dogs per year have been sterilised. 22 cr has been sanctioned for 72 shelters with 120 capacity. State has acknowledged the need to create more shelters. Affidavit is silent about removal of stray dogs from institutions. There is no fully functional government animal shelter.
Court: There is not even a single dog pound in the entire state?
Counsel for TN: Tamil Nadu has capacity which is not being utilised. The instruction has gone to the State.
Uttar Pradesh-
Counsel for UP: When I go to the sports complex I still see dogs running etc. it’s a concern. There are 3,406 dog pounds.
Gaurav Agarwal: Noida has 1 ABC Centre.
Counsel: There are 8 lakh plus sterilisations in the state. More than 40,000 in Noida alone. It is an ongoing process. 25cr budget allocation for the state. We have identified lands for shelters with capacity of over 1,000.
Court: Better in comparison to other states. Till you start reaching the status of negative population growth you have to keep doing it.
Counsel: We will come up with better figures. Give us some time.
Counsel for NHAI addresses the Court.
NHAI: With our team we have been able to locate 1,317 vulnerable locations spanning over 1,434 km. We have communicated to all chief secretaries of states to comply with the directions of this Court. We have established patrol teams and drafted SOP detailing protocol for securing, isolating stray animals etc. we cannot undertake the exercise in isolation. It has to be with the coordination with all local authorities.
NHAI: Anyone who sees the animal can call us on our helpline number.
Court: Why don’t you make an app so that anyone who spots an animal can click a picture and upload. You will have visuals.
NHAI: We will do that.
NHAI: We have given vulnerable locations in a tabulated form. If we have issued directions, the matter has to be kept alive. To see whether they gave undertaken the exercise, how many accidents have reduced, how many cattle have been removed etc. any male calf is born in a village, it is abandoned. It is not registered. There is no chipping also. It moves around and goes to the highways. On both sides of the highway there is grass. Our concern is that this should be nipped in the bud. Villagers should be sensitised about it.
Court: There are very sensitive stretches where the problem is critical. Why can’t you ask concessioners to set up facilities? They don’t need to depend of local authorities. It can be part of CSR, once you start the process, it may work out.
NHAI: Goshalas are overcrowded. Male bullocks should be maintained there. It should be mandatory for all villages to register any animal which is born. So that there is a record. Miking of cows is also for few years. Once it loses commercial value, it is abandoned. There should be some kind of SOP issued to the local authorities.
Court: Statistics of accidents post compliance, the NHAI can maintain.
NHAI: We can do that. For example, Rajasthan has a border with neighbouring countries. Once these cattle lose their commercial value, they are sort of bootlegged.
Court: This happens in the eastern side. Not in Rajasthan. Entire border from Kutch to Punjab is fenced.
NHAI points to reports by various States with respect to the compliance of the Court’s earlier orders.
Court: Wherever your highways are passing through, you can start monitoring and get back with the figures.
NHAI: We will do that. We will monitor and issue directions.
NHAI: In Kerala, both sides of highways are urbanised. The agriculture fields are far behind. So there is hardly any chance of stray cattle coming on to the road.
Court: The task of patrolling should be that of the NHAI. Don’t pass that on to the State.
NHAI: Yes.
NHAI: 2,691 removed from roads in Maharashtra and shifted to goshalas. 114 stretches in Odisha have been found by the authorities. We need to have lorries to pick up animals.
Court: Identify, cordon off, and coordinate. Coordination is important.
NHAI: We had meetings with 21 states. SOPs have been issued. Only Goa, AP, Delhi, and Rajasthan there haven’t been any meetings. Even Punjab.
Court: Delhi would hardly be having any highway etc.
NHAI: Yes. Maharashtra also we haven’t had a meeting with. Other all states SOPs have been issued.
ASG Archana Pathak Dave: In the 7th Nov Order the directions were to appoint a nodal officer. In most ministries and central run institutions nodal officers have been appointed. Though public health and sanitation is a state subject the Union strengthens the state through budgetary allocations. We have a national rabies control program. Under the national health mission, funds are provided for rabies drugs, capacity building, healthcare staff etc.
Archana Pathak Dave: We have setup city task forces. We have disseminated information to all ministries.
Court: Is there any reduction? (In dog bites)
Archana Pathak Dave: The dog bite cases have to be notified. The task forces is there, budgetary allocation is there.
Counsel for AWBI: There are 76 recognised centres. There are certain pending applications. There are more than 250 applications.
Court: Since when are these applications pending? How much time will you take to clear?
Counsel: They started flooding after the 7/11 order. Some of the applications are incomplete. The state data which is being given, that data reveals 883 running centres. But there is no recognition. They need to have an infrastructure.
Court: Is there a physical verification done by the board? Does the board have the wherewithal to do it?
Court: What is happening in the centres that you (AWBI) have not recognised?
Counsel: There is surprising data. Where the dog population is less in Uttarakhand but the sterilisation is more (sterilisation has increased dog population).
Court: The reasons are obvious. Everyone is aware of it. How much grant is given.
Counsel: Less said is better.
Court: Yes. Less said is better.
Court: The only request to the AWBI is whatever applications are pending you should process them, and either you reject them or grant them within a specified time.
Court: Order reserved. Counsel are free to submit their written briefs within a week.
Counsel: I want to mention the religious aspect. Culling of dogs, offence is made under pitrapaksh, under manusmriti has recitals.
Court: Mention it in your note.