No fine can be imposed for feeding stray dogs: Supreme Court modifies Bombay High Court order

The Supreme Court on Wednesday modified an order of the Bombay High Court that had directed authorities to impose fines on citizens who feed stray dogs in Nagpur [Swati Sudhirchandra Chatterjee and ors v. Vijay Shankarrao Talewar and ors]. .The Bench of Justices Sanjiv Khanna and JK Maheshwari said that it is permissible to feed stray dogs without causing nuisance to the public, and that no coercive steps like fines can be imposed for feeding the animals." ... the Municipal Corporation will take steps to deal with the issue of ‘nuisance’ caused by ferocious and aggressive stray dogs, in accordance with law. The general public must ensure that public nuisance is not caused by feeding of the stray dogs. Till the next date of hearing, it will be open to the Municipal Corporation to note down the names and details of the dog feeders, in case public nuisance or endangerment is caused because of their conduct. However, coercive steps in terms of fine as directed by the High Court, would not be taken without permission of this court," the Court stated in its order..The Court also directed the Nagpur Municipal Corporation (NMC) to allow the general public to feed stray dogs at appropriate locations demarcated by the civic body.Pertinently, the Court stayed the observations made by the High Court that people who insist on feeding stray dogs should adopt them. "Wherever there are human beings, there is bound to be conflict of interest. There will be wrongs done by stray dogs as well, we have to be conscious of both. There may be other considerations...You cannot insist that people who feed dogs must adopt them," Justice Khanna remarked .The Court, therefore, directed the NMC to devise a mechanism so that dogs can be fed without nuisance being caused."They should not be lurking around or become aggressive and hungry," the Court orally observed.It further directed the NMC to file its stand on the directions by the High Court stayed the High Court's directions regarding adoption of the dogs and imposition of fines on those who feed them, till the next date of hearing.However, it was clarified that the proceedings before the High Court would continue, including pending applications for review and modification. .The Nagpur Bench of the Bombay High Court had last month directed authorities to impose a fine of not more than ₹200 on citizens who feed stray dogs on the roads and in public places in the city.The High Court had noted that despite measures taken by the authorities, the menace of stray dogs had increased in the city because of the irresponsible behaviour of some citizens, who feed such dogs on the streets.The Bench had stated that if these so-called friends of stray dogs are really interested in protection and welfare of the strays, they must adopt them, take them home or at least put them up in dog shelter homes and bear all the expenses for their registration with municipal authorities and towards their maintenance, health and vaccination.The High Court had also said that authorities may consider implementing Section 44 of the Maharashtra Police Act, which allows destruction of stray dogs, to the extent of detaining them..The Animal Welfare Trust had moved the Supreme Court against the High Court order, arguing that it was in violation of the Animal Birth Control (Dogs) Rules and the Prevention of Cruelty to Animals Act, which being a Central legislation, overrules State laws.The directives impose "unreasonable restrictions and penalties on the feeding of stray dogs by volunteers/citizens who are merely performing their constitutional duty under Article 51A (g) of the Constitution of India," the plea stated.The ruling will result in the strays, estimated to be in lakhs in Nagpur, becoming more starved, ferocious and violent, it was contended. "Moreover, the City of Nagpur is surrounded by dense forests consisting of wildlife and therefore, if lakhs of stray dogs from the city are left in these jungles, there will be a complete havoc in wildlife leading to serious imbalance.".In September, Justice Khanna, while hearing pleas regarding the stray dog issue in Kerala, had remarked, "Most of us are dog lovers. I also feed dogs...Have to find a rational way out. I also walk dogs. Some are ferocious. Have to segregate those.".[Follow our coverage of today's hearing].[Read order]