New Delhi: The Supreme Court said on Friday that a division bench's direction to relocate all stray dogs in the National Capital Region to shelters and prohibit their release "seems to be too harsh".
Modifying the August 11 order, a three-member bench headed by Justice Vikram Nath directed the authorities to sterilise, deworm and vaccinate all the dogs that have so far been moved to shelters and release them back to the same area from where they were picked up. But the dogs that are, or suspected to be, infected with rabies and those that display aggressive behaviour should not be released back to the streets.
The bench prohibited feeding stray dogs on the streets and directed municipal authorities to create dedicated feeding spaces for them in each ward. "The persons found feeding the dogs on the streets in contravention of the above directions shall be liable to be proceeded against under the relevant legal framework," it said.
The court also expanded the scope of the direction beyond the NCR to across the country. "A blanket direction to pick up all the strays and place them in dog shelters/pounds without evaluating the existing infrastructure may lead to a catch-22 situation because such directions may be impossible to comply with," the bench said.
"It cannot be gainsaid that before any direction for impounding the entire stray dog population is given, it would be necessary to have a look at the existing infrastructure and human resources available with the municipal bodies," it said.
The bench ordered "each individual dog lover and NGO" that approached the top court to deposit ₹25,000 and ₹2 lakh, respectively, with the court registry. If they failed to do so, they would not be allowed to appear in the matter any further.
The amounts so deposited shall be utilised for the creation of the infrastructure and facilities for stray dogs by municipal bodies, the bench said.
Referring to the directions passed by the division bench on August 11, the three-member bench in its order said "one cannot be ignorant of the fact that the mandate to keep all the stray dogs, picked up from Delhi and the adjoining NCR cities, in the municipal shelters/pounds would require logistics of gargantuan proportions including manpower, shelters/pounds, veterinarians, cages and specially modified vehicles for transportation of the captured stray dogs".
Modifying the August 11 order, a three-member bench headed by Justice Vikram Nath directed the authorities to sterilise, deworm and vaccinate all the dogs that have so far been moved to shelters and release them back to the same area from where they were picked up. But the dogs that are, or suspected to be, infected with rabies and those that display aggressive behaviour should not be released back to the streets.
The bench prohibited feeding stray dogs on the streets and directed municipal authorities to create dedicated feeding spaces for them in each ward. "The persons found feeding the dogs on the streets in contravention of the above directions shall be liable to be proceeded against under the relevant legal framework," it said.
The court also expanded the scope of the direction beyond the NCR to across the country. "A blanket direction to pick up all the strays and place them in dog shelters/pounds without evaluating the existing infrastructure may lead to a catch-22 situation because such directions may be impossible to comply with," the bench said.
"It cannot be gainsaid that before any direction for impounding the entire stray dog population is given, it would be necessary to have a look at the existing infrastructure and human resources available with the municipal bodies," it said.
The bench ordered "each individual dog lover and NGO" that approached the top court to deposit ₹25,000 and ₹2 lakh, respectively, with the court registry. If they failed to do so, they would not be allowed to appear in the matter any further.
The amounts so deposited shall be utilised for the creation of the infrastructure and facilities for stray dogs by municipal bodies, the bench said.
Referring to the directions passed by the division bench on August 11, the three-member bench in its order said "one cannot be ignorant of the fact that the mandate to keep all the stray dogs, picked up from Delhi and the adjoining NCR cities, in the municipal shelters/pounds would require logistics of gargantuan proportions including manpower, shelters/pounds, veterinarians, cages and specially modified vehicles for transportation of the captured stray dogs".
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