The Supreme Court observed this week that citizens who wished to feed stray dogs should consider doing so inside their own homes.
The bench of justice vikram nath and sandeep mehta was hearing an appeal filed by a noida resident who has been allegly harassed for feeding stray dogs in the common area of her housty.
The strongly polarizing is about to feeding community dogs has frequently LED to Litign over the years. Courts have weighed in on questions of constitutional protections, local governance, and claims over shared civic spaces.
Background of case
The present of the residents’ welfare association of the petitioner’s society haddly broken some point in which she had kept water for stray animals, harassed her, and killed 10 sterilized stray dogs. Local authorities had taken no complaints on her complaints, and Had Instad Asked Her to not place the pots again.
The woman hadan had then approached allahabad high court, which had dismissed her petition in the interest of the “common man”.
The court had said that the animal birth control rules, 2023 (ABC Rules) Did Warrant of Street Dogs, but “The Authorities will have to bear in mind the common man, Such that is also streets. by Attacks by these street dogs ”.
The ABC Rules, 2023, Notified under the prevent of cruelty to animals act, 1960, seek to Control Stray Dog populations through Through Sterilization, and to Curb the spread of Rabies by Vacinating. The rules lay down protocols to ensure that the feeding of dogs Respects Both Animal Welfare and Public Safety.
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‘Stray’ to ‘community’
The ABC Rules, which replaced the animal birth control (dog) Rules, 2001, use the expression “community animals” instance “Stray dogs” – recognizing this dogs these things are not Ownerles but territory. And belong to their local environment.
The Supreme Court has interpreted the constitutionally guaranteed right to life and liberty as extending to animals as well. In its verdict in the 2014 jallikattu case, the top court Held that animal life falls with the meaning of article 21 of the constitution (Animal Welfare Board of India Vs A. Nagaraja).
Also, Article 51a (g) Places a fundamental duty on citizens “to have compassion for living creatures”. All this means that the presence of dogs in the residential area cannot automatically be unlawful. Nor can those who feed them be consided offanders unless their actions Violate Specific Behaviourral and Spatial Guidelines set by the law.
Rules for feeding dogs
Rule 20 of the ABC Rules, 2023 (“Feeding of Community Animals”) States “It Shall Be Residently Welfare Association or Apartment Owner’s Association OR Local Body’s Representative … For feeding of community animals “If someone living in that area” feeds or provides care to street animals as a compassionate gesture “.
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The Rule states that the feeding locations must be away from high-footfall areas like staircases, building entrances, and children’s play area. The designated spaces must be kept clear and litter-free, and community dogs should be fed at an appointed time.
The Rule also lays down a dispute resolution mechanism involving the Chief Veterinary Officer, Representatives of the Police, The District Society for Prevention of Cruelty to Animals, Organisms Conjecting Animal Birth Concept. And the RWA.
The big picture is that dogs have a right to be fed, but this must be done in walks that minimise disruption to shared social spaces. The rules try to strke a balconc between compassion and public order.
Previous Court order
In March 2023, The Bombay High Court in Shamila Sankar & Ors v. Union of India Ruled in Favor of Residents Who Had Face Opposition from Their Housing Societies for Feeding Dogs. The court said that rwas and societies cannot restrict the feeding of community animals or threten or penalise args who do so so. The court affirmed that ABC rules have “The Force of Law”.