PIL against stray dog menace Animal Welfare Board of India lags in fulfilling its responsibilities: HC

 

 

A Division Bench comprising of Justices Avinash Gharote and Mukulika Jawalkar of the Bombay High Court, Nagpur Bench expressed its dissatisfaction with the recent affidavit filed by the Animal Welfare Board of India in a batch of Public Interest Litigations (PIL) concerning the stray dogs menace in the city. While making his point, Deputy Solicitor General of India (DSGI) Adv Nandesh Deshpande apprised the Court about various provisions of the Animal Birth Control Rules, 2023 which came to be enacted by the Central Government substituting the earlier Rules. However, being dismayed by the position that there exist several rules in books but, implementing them becomes another issue, the High Court commented that a balance is necessary to be created between the lives of humans and those of the stray animals.

 

The High Court also expressed that, as an implementing Authority the Animal Welfare Board of India has lagged in fulfilling its responsibilities and that the Animal Birth Control Rules are not the end of the Board’s responsibilities. It was further pointed out by Senior Advocate Firdos Mirza appearing for the petitioners that the High Court had on June 14, 2006 observed in its order that the NGOs also have been made responsible to contribute in implementation of the Animal Birth Control Rules and further carry out the purposes of the Prevention of Cruelty to Animals Act. During the course of hearing, the Court was apprised about non-availability of funds with the Nagpur Municipal Corporation (NMC) regarding creation of shelters of stray dogs as per the provisions of the Animal Birth Control Rules. In response to this, the Court said that the Animal Welfare Board of India must answer on the aspect of funding and only then appropriate application of Rules can take place.

 

Further, the Court questioned the Board as well as the State as to when the fund of Rs 17 crore will be released and received by the local body. Pertinently, the State Government had made a statement before the Court back in 2011 that a fund of Rs 17 crore has been sanctioned in order to create infrastructure to curb the stray dog menace. However, it was informed by the NMC that the said fund is still not received by it. The matters are now posted for compliance and further orders on September 20, 2024. Sr Adv Firdos Mirza appeared for the petitioners. Adv Ashwin Deshpande appeared for the intervenor – Dhantoli Nagrik Mandal. DSGI Nandesh Deshpande appeared for the Animal Welfare Board of India. Adv Deepak Thakre for the State, Adv Sudhir Puranik for NMC, Sr Adv Percival Billimoria and Adv Ravi Sanyal appeared for two intervenor NGOs.