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MAGIZHINI M,
The Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law
The Supreme Court of India comprising the division bench of Justice JK Maheshwari and Sanjay Karol rejected and dismissed the petition regarding the hazard caused by stray dogs[i]. The emphasis was placed on the Animal Birth Control Rules, 2023 (ABC Rules, 2023), which provided that such issues shall be filed before the respective High Courts.
Public Interest Litigation was filed before the Supreme Court of India concerning the increasing menace caused by the street dogs by the NGOs[ii], who also sought against the municipal authorities to be allowed to deal with the issues regarding the hazards arising through dogs in concern and coordination with the Animal Birth Control Rules, 2023 which was previously upheld by the Bombay and Kerala High Courts. After careful consideration of the rules and the respective authority to deal with the issues, the Supreme Court dismissed a bunch of petitions and directed that it shall be governed and filed according to the Animal Birth Control Rules, 2023. It further reiterated that careful consideration of the Rules would have resolved many problems concerning this regard.
The Supreme Court, however, laid careful consideration in protecting the rights of the dogs. The Rules of 2023 were constructed after extensive orders had been passed on previous petitions raised regarding the issue of hazards caused by stray dogs. The Supreme Court has said that a balance needs to be maintained between the animal's rights and the protection of the people and their safety[iii]. The dominant issue in this matter was to which court one should reach on the persistence of any cause, where the prominence of the ABC Rules, 2023 was upheld by the Supreme Court.
The judges sought strongly that “the scope and the jurisdiction of the rules should stand limited and should not be subjected to expansion[iv]”. The Rules are the crucial matter to be considered and serve to be the source in the matter concerned. The precise role played by the Rules was installed, and any person was directed to reach to the High Courts only after they claimed that their issues remained unresolved by the resistance of the Rules.
The ultimatum of the decision passed was that, as per the revised legislation in this matter, the matter should vest and remain a matter of concern for the constitutional courts, parties and authorities as per the Rule[v], which would resolve the majority of problems before they get brought before the apex court. And, the Supreme Court upheld that the ‘respective High Courts can decide the matters of stray dogs based on ABC Rules, 2023’. The persuasion of compassion towards stray dogs can be acceptable but not a menace to society. There was one holdback, “The supremacy of the Rules was not established, it was left open to be interpreted based on central, local acts and rules”[vi].
According to the 2019 livestock census, India’s stray dog population was reported to be as high as 1.5 crores[vii], the major causal factor for the rise in cases is where there arises a human-dog conflict. The Animals Birth Control Rules, 2023 superseded the Animal Birth Control (Dog) Rules, 2001 which derived its authority from Section 38 of the Prevention of Cruelty to Animals Act, 1960[viii]. Further, this has been formulated as per the guidelines provided by the Supreme Court in a previous case between the Animal Welfare Board and People for Elimination of Stray Troubles in 2009 and was formulated by the Animal Welfare Board of India (AWBI), where the main restriction imposed was that the killing and relocating of the dogs is restricted.
The Animals Birth Control Rules, 2023, provided mainly for, the sterilization and immunization of stray dogs, carried over extensively by the respective local bodies, municipalities, municipal corporations and panchayats, with no cruelty to animals shall be withstood, and a follow-up and monitoring of the process should also be maintained by the concerned authorities[ix]. The ultimate object was to get the stray dog population under control. The Anti-Rabies programme should be implemented by the Municipal Corporations by partnering with the AWBI, and the Animal Birth Control programme should be undertaken only by the organizations specifically recognised for such programmes.
Equal emphasis has been expressed by the Supreme Court on protecting animals as well as human beings from the human-dog conflict. The Animals Birth Control Rules, 2023 remains a forerunner in the proper administration of stray dogs and population control. It also included the aftermath monitoring and maintenance to be emphasised upon along with the control measures. The responsibility for these matters has been at large vested with the state and the local municipal authorities. Although restrictions had been made on towards no harm to be made to the lives of dogs when they have been diagnosed to be incurably ill, Rules suggest they can be made subject to euthanasia by the Local Animal Birth Control Monitoring Committee but should be done only by a qualified vet in a humane manner[x]. The decision upheld would lead to better administration in place to control the human-dog conflicts and to protect human beings from the menace caused by stray dogs.
REFRENCES
[i] Gyanvi Khanna, Supreme Court Refuses To Entertain PIL On Stray Dog Issue, Asks Petitioner To Move HC, LIVELAW, (July 16, 2024, 04:16 PM), https://www.livelaw.in/top-stories/supreme-court-refuses-to-entertain-pil-on-stray-dog-issue-asks-petitioner-to-move-hc-263535.
[ii] PTI, Supreme Court says ‘not shying away’ from dealing with stray dog issue, sets next hearing for May 8, THE HINDU, (Apr. 24, 2024, 05:08 PM), https://www.thehindu.com/news/national/supreme-court-says-not-shying-away-from-dealing-with-stray-dog-issue-sets-next-hearing-for-may-8/article68101724.ece.
[iii] Ibid.
[iv] Ibid.
[v] Stray dog issue: SC disposes of petitions, asks parties to move High Courts, NAGPUR TODAY, (May 11, 2024), https://www.nagpurtoday.in/stray-dog-issue-sc-disposes-of-petitions-asks-parties-to-move-high-courts/05111713.
[vi] Ibid.
[vii]SHANKAR IAS PARLIAMENT, https://www.shankariasparliament.com/current-affairs/prevention-of-cruelty-animal-birth-control-rules-2023, (last visited July 21, 2024).
8 The Prevention of Cruelty to Animals Act, 1960, § 38, No. 39, Acts of Parliament, 1960 (India).
[ix]DRISHTIIAS, https://www.drishtiias.com/daily-updates/daily-news-analysis/animal-birth-control-rules-2023, (last visited July 21, 2024).
[x] PIB Delhi, Animal Birth Control Rules, 2023 notified by Central Government, MINISTRY OF FISHERIES, ANIMAL HUSBANDRY & DAIRYING, (Apr. 18, 2023, 10:41 AM), https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1917510.