Street dogs can’t be kept in captivity: Apex court - Hindustan Times

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Published on Nov 16, 2022 11:51 PM IST

Reacting to a direction passed on October 20 by the high court , the bench of justices Sanjiv Khanna and JK Maheshwari said, “Certainly, adoption and keeping stray dogs in captivity is not acceptable. Street dogs cannot be kept in captivity.”

SC stayed the direction passed by the Nagpur bench of the Bombay high court. (HT Photo)

ByAbraham Thomas, New Delhi

Street dogs cannot be kept in captivity, held the Supreme Court on Wednesday as it stayed a direction passed by the Nagpur bench of the Bombay high court requiring those interested in feeding stray dogs to adopt them and bring them home or keep them in a shelter.

Reacting to a direction passed on October 20 by the high court , the bench of justices Sanjiv Khanna and JK Maheshwari said, “Certainly, adoption and keeping stray dogs in captivity is not acceptable. Street dogs cannot be kept in captivity.”

The high court said: “If any person is interested in feeding stray dogs, he shall first adopt the stray dog/bitch, bring it to home, register it with Municipal Authorities or put it in some dogs shelter home and then showering his love and affection on it, may feed it while taking its personal care in all respect.”

The top court stayed this portion of the order and directed the Nagpur municipal corporation to identify locations for feeding of stray dogs. The Court also asked the general public to ensure that feeding of stray dogs does not cause any public nuisance.

The Nagpur Municipal Corporation was directed not to take any coercive steps against persons feeding stray dogs.

The order came on a petition filed by three people challenging the HC direction. The HC also gave authorities power to detain dogs and if required, even kill them under the Maharashtra Police Act.

On November 11, the top court directed NMC not to take action based on the direction and sought responses from the NMC and the Animal Welfare Board (AWB). It also stayed that part of the order asking NMC to fine persons feeding stray dogs.

The two appeared before the Court on Wednesday and sought time to file their responses. The bench posted the matter to be heard along with a similar batch of cases where the court is considering.

Meanwhile, the court allowed the high court to continue with the proceedings where intervention applications were filed by persons to modify the October 20 direction. Advocate Abhay Anturkar informed the Court that most of the applications filed before the HC were by persons outside Nagpur.

The court refused to pass a blanket order.

“This is a problem and we have to solve it. Any order by this court will be general in nature. Every state or city will have its unique problems. We have to give flexibility in order to meet local conditions and environment.”

“The Supreme Court has rightly stayed the Nagpur bench order which was absurd and impractical and in the teeth of the law on dog population management. The HC order had curtailed constitutional rights of citizens and the Supreme Court has rightly recognized that there is no basis in law or science to impose penalty on feeding dogs. Moreover, the Court realized that such sentiments expressed by the HC creates disharmony. We should exhibit a tolerant, compassionate attitude towards animals,” said Gauri Maulekhi, Trustee of People for Animals.

On the other part of the SC direction that those feeding dogs should not create public nuisance, Maulekhi said, “In our country, culturally people have been feeding dogs or for that matter even cows, crows, etc. Basic civic sense must be exercised by anyone feeding animals such that they do not cause inconvenience to other citizens. But to take coercive action against persons who feed animals amounts to curbing their rights as citizens.”