The Supreme Court of India has directed that the sterlisation or vaccination of the stray dogs, which require so, be carried out in accordance with law. Court has directed that no organisation shall create any kind of obstacle or impediment in the implementation if this order. It has further held that it shall be the obligation of the Animal Welfare Board of India to oversee that the order is carried out and that “no obstructions are created in this regard from any quarter”

The bench comprising of Justices Dipak Misra and PC Pant further directed the Chief Secretaries of the States, either themselves or through the Secretaries of Health and the competent authorities of the Union Territories to send their reports pertaining to the implementation of the obligations under Prevention of Cruelty to Animals Act, 1960 and the Animal Birth Control (Dogs) Rules, 2001 within six weeks.

Noting the submissions made by the parties, the bench observed:

We will be failing in our duty if we do not make a note of the submissions of both the sides which are extreme in nature, for example, emphasis and stress have been laid that due to stray dogs, there has been threat to life, health, movement and sometimes security of the human beings. On the other hand, it has been highlighted that the stray dogs are being annihilated without any justifiable reason. As advised at present, we do not intend to say anything on the said counts today.

Bench then passed the order:

Regard being had to the provisions governing the field, we direct that the dogs which are required to be sterilized or vaccinated, the procedure shall be carried out in accordance with the Act and Rules and no organization shall create any kind of obstacle or impediment in the same. It shall be the obligation of the Board to oversee that this is being carried out and no obstructions are created in this regard from any quarter.

Matter has now been posted for further hearing on 12 July 2016.

Image from here.

Mohit Singh

Mohit Singh is an advocate practising at the Supreme Court of India.

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