Nagpur: The Supreme Court on Wednesday ordered Nagpur Municipal Corporation (NMC) to ensure and take steps for the general public to feed stray dogs at designated special spots in Nagpur. The apex court also directed the authorities that no coercive steps shall be taken as pursuance of the recent order of the Nagpur Bench of Bombay High Court (HC) which prohibited the feeding of stray dogs at public places in Nagpur.
The NMC has been directed to designate special spots to enable the general public to feed the stray dogs. Furthermore, the Court has also issued the direction to the effect that firstly, the general public is to ensure that no nuisance is caused due to public feeding of stray dogs and, secondly, NMC is to deal with the issues of any nuisance of dogs as per laws.
The Top Court also stayed HC’s observation that persons who feed stray dogs must adopt them. The Supreme Court has clarified that, the proceedings before the HC is to continue and that the High Court may consider applications for modification/review of the impugned order.
A bench comprising Justice Sanjiv Khanna and Justice J K Maheshwari said that it would be open to the Municipal authorities to deal with any nuisance caused by the street dogs in accordance with the law. “We also require the general public to ensure that no public nuisance is caused by feeding stray dogs,” the Court stated in the order.
The HC in its order on October 20 stated that if these so called friends of stray dogs are really interested in protection and welfare of the stray dogs, they must adopt the stray dogs, take home them or at least put them up in some good dog shelter homes and bear all the expenses for their registration with Municipal Authorities and towards their maintenance, health and vaccination The Apex Court stayed these observations.
The bench passed the interim order while considering a special leave petition filed by a group of dog lovers against the HC’s order. It will be open for the Municipal Authorities to take down the names and details of persons who created public nuisance by feeding street dogs. However, no coercive action in the form of penalties should be taken by the authorities as directed by the High Court in respect of public feeding of dogs, the Court said.
The Court has directed the Animal Welfare Board of India and NMC to file their responses. The Division bench wondered if the direction of the Bombay HC that the people who want to feed street dogs should adopt them and take them home or put them in shelter homes are practical. The bench also asked the Animal Welfare Board of India about its stand and asked if the HC directions are practical. “If these stray dogs are not fed, they will become more aggressive,” the Board’s counsel replied.
Senior Counsel Ravi K Deshpande, Adv Ashwin Deshpande and Adv Hrishikesh Chitaley appeared for intervenor Dhantoli Nagrik Mandal.Adv Shakul Ghatole appeared for Vijay Talewar, who is the petitioner before the High Court.