Nagpur: The Supreme Court has resolved a batch of petitions related to the stray dog issue, affirming that, in light of the Animal Birth Control Rules of 2023, the matter is now within the purview of the respective High Courts. With this directive from the Apex Court, the Nagpur Bench of the Bombay High Court is poised to address the menace of stray dogs in Nagpur.
The Nagpur Bench of the Bombay High Court had conducted extensive hearings on the stray dog issue and issued significant directives to the Nagpur Municipal Corporation (NMC). The Court had expressed dissatisfaction with the NMC, stating that while sterilisation measures may have a long-term impact, their effects may not manifest for several years. Concerns were also raised regarding the management of dog-bite incidents across the city.
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Thursday 07 Nov. 2024
It should be noted that the order of the division bench, composed of Justice Sunil Shukre and Justice Anil Pansare, was challenged in the Supreme Court. The Supreme Court, in its order dated October 2, 2022, stayed the following observations made by the Nagpur High Court: “If these so-called friends of stray dogs are genuinely interested in the protection and welfare of stray dogs, they must adopt them, take them home, or at least provide them with accommodation in reputable dog shelters, and bear all expenses for their registration with municipal authorities, as well as for their maintenance, health, and vaccination.”
During the hearing, Adv Firdos Mirza had represented the petitioners while Adv Ashwin Deshpande appeared for Dhantoli Nagrik Mandal and Adv S S Sanyal for an NGO Federation. At the Supreme Court on Thursday, a division bench comprising Justice J K Maheshwari and Justice Sanjay Karol stated, “New legislation has emerged; we are concluding this matter. Refer to the Constitutional Courts…We believe it should be left to the Constitutional Courts, parties, and authorities to act in accordance with the provisions of the 2023 rules.”
Previously, the Court had instructed counsel representing various states to examine these rules. It had orally remarked that if these rules could resolve the issue, then authorities could be directed to address the matters accordingly. Additionally, if further grievances arise, parties may approach the relevant High Courts. The Centre initially introduced the ABC Rules in 2001, which have now been superseded by the ABC Rules of 2023, formulated under Section 38 of the Prevention of Cruelty to Animals Act, 1960.
To provide context, the Supreme Court had before it five judgments from the High Courts of Bombay, Kerala, Karnataka, and Himachal Pradesh. In 2015, the Kerala High Court upheld the ABC Rules, ruling that Municipal Laws pertaining to the destruction of stray dogs must adhere to the ABC rules. Conversely, the High Courts of Bombay, Karnataka, and Himachal Pradesh held that local authorities possess discretionary powers to manage stray dogs and are not bound by the ABC Rules.
During proceedings, the Supreme Court reiterated its stance that recourse may be sought in accordance with the new rules. Any arising issues may be brought before the High Court for resolution. The bench stated orally, “Today, we are instructing that these issues arise from certain orders, after which the Ministry… published the Rules… Recourse may be taken as permissible under the Act and the rules. If issues arise, they may be raised before the constitutional courts.”
The Court declined to assert the supremacy of the 2023 Rules or any aforementioned judgments. “We are not giving precedence; let it remain open. Let them interpret based on the central act, local act, and the Rules,” the bench affirmed.
