Supreme Court lifts stay on Delhi High Court judgment upholding right to feed stray dogs

The Supreme Court on Thursday lifted the interim stay on the Delhi High Court verdict which had held that stray dogs have the right to food and water and that Resident Welfare Associations are duty-bound to ensure the same [Humane Foundation for People and Animals v. Animal Welfare Board of India]..The Bench of Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia was hearing a Special Leave Petition filed by Humane Foundation for People and Animals, which challenged the Delhi High Court order passed in July last year. .Appeal against the same was filed stating that the High Court's judgment was violative of a 2015 Supreme Court order directing courts not to pass any order relating to dogs and the Animal Birth Control Rules (ABC Rules) pertaining to dogs."SLP (C) 691/2009 together with several connected petitions (including WP(C) 319/2020 filed by the current petitioners) is currently pending final hearing by this Hon’ble Court and the court has specifically asked High Courts not to pass any order or judgments, relating to dogs, the Prevention of Cruelty to Animals Act and ABC Rules and related issues of their feeding in public places as a means to implement the ABC Rules," the plea stated.It was further contended that the petitioners before the Delhi High Court had intentionally and mischievously withheld information from the High Court and consequently, judgment of the High Court was based upon several blatantly misleading, irrelevant and factually incorrect statements and misinformation..During today's hearing, the Bench observed that in light of pendency of important matters before the Court, it had to prioritise what kind of matters to take up.Justice Lalit observed that for such cases, the petitioners have an effective remedy before the High Court and that ideally, they ought to first approach the High Courts. Since the petitions merely sought to implement an order of the Supreme Court, the same could be raised effectively in the High Court as well, it was pointed out.Disinclined to keep such matters pending, the Bench disposed of the SLP and the connected writ petitions, and vacated the stay granted..The High Court ruling came in a suit filed to restrain certain individuals from feeding stray dogs. The dispute was resolved amicably, but the High Court was asked to lay down guidelines with respect to feeding of stray dogs.It was ruled that community dogs (stray dogs) have the right to food and citizens have the right to feed community dogs. Hence, no person can restrict anybody from feeding dogs, until and unless it is causing harm or harassment to other persons.This order was challenged in the Supreme Court by way of an SLP. .Senior Advocates Anand Grover and Aman Lekhi appeared for the intervenors.