Check element of collaring of stray dogs: High Court to NMC

Staff Reporter

The Nagpur Bench of Bombay High Court, on Wednesday, directed Nagpur Municipal Corporation (NMC) to check the element of collaring among the stray dogs. While hearing a public interest litigation (PIL) about stray dogs, the Division bench of Justice Sunil Shukre and Justice M W Chandwani heard submission of Dhantoli Nagrik Mandal.

Adv Aradhya Pande, appearing for the Mandal, submitted before the court that the complaint made by the Mandal is still not considered or acted upon by the NMC. In the complaint, the mandal had stated that certain people had started bogus collaring of stray dogs to ensure that such canines were not picked up by the authorities.

On being asked by the court in personal capacity about the steps taken by the civic body, NMC’s Health Officer Gajendra Mahalle informed it that the action had been taken. However, the court being dissatisfied by the method

of action, directed the NMC to act upon the aforesaid complaint. Further, Adv Pande pointed out that the complaint about bogus collaring of stray dogs had not been dealt with appropriately by the NMC in its affidavit as per law.

Adv Pande submitted that collaring of stray dogs by activists merely because the dogs were fed, sterilised and vaccinated was impermissible as per law. The court, while appreciating the submission, directed the NMC to enquire about the element of collaring as the law requires those dogs to be collared which are issued a token after registration with the local authority and a record is kept about such collared dogs. The said procedure is as per Rule 8 of the Animal Birth Control Rules.

The Court was also considering the affidavit filed by the Commissioner of Police (CP) and Superintendent of Police (SP) regarding action as per Section 44 of the Maharashtra Police Act. Adv Firdos Mirza appearing for the petitioners pointed out to the Court that an internal circular has been issued by the CP regarding action under the aforesaid provision whereas, the same provision contemplates issuance of a public notice by the CP.

Prima facie, holding that the said circular appears to be the start of a process, the Court said, the CP has issued the circular to all police stations which appears to be an exercise to gather information from the latter which are well equipped to supply the same.

Adv Atharva Manohar appearing for one of the intervenor NGOs told the Court that his client NGO has picked up four dogs from the High Court premises for sterilisation and vaccination out of which three dogs have been sterilised and vaccinated whereas one dog which is ill and quite young is not.

Adv Manohar sought a direction from the Court to permit the NGO to keep those four dogs in their shelter home for feeding purposes and care. The Division bench has permitted the NGO accordingly.

Adv Mirza appeared for the petitioners, Adv Ashwin Deshpande, Adv Aradhya Pande appeared for Dhantoli Nagrik Mandal, Adv Sudhir Puranik appeared for NMC, Adv D P Thakre appeared for the State of Maharashtra, Adv Shreerang Bhandarkar appeared for Ankita Shah, Adv Atharva Manohar and Adv S S Sanyal appeared for the respective intervening NGOs. The matter is now kept for further consideration on January 4, 2023.