Several HC judgements underline complexity of stray dogs issue

New Delhi: In our increasingly crowded urban landscapes, an unexpected and growing source of concern has emerged – the unchecked proliferation of street dogs.

This issue is multifaceted, stemming from the unchecked growth of street dog populations and a lack of responsible ownership.

These factors have combined to create a situation where dogs, once cherished companions, are now contributing to a sense of terror and unease in our cities.

The sight of a street dog lunging at a passerby or a once-friendly pet dog suddenly turning aggressive is a disconcerting experience, one that is increasingly common in our urban settings.

To understand this alarming phenomenon, it is crucial to explore the underlying factors that drive such incidents. Street dogs that are often exposed to hunger, beatings, harsh environments and minimal human interaction, may resort to aggression as a means of survival in a world that is largely cruel to them.

In contrast, pet dogs may exhibit aggression due to various triggers, including fear, territorial instincts, or inadequate socialisation.

This growing occurrence raises concerns about the safety of pedestrians and the harmony of our communities.

In India, the legal landscape surrounding street dogs is marked by a complex interplay of rights and responsibilities.

The law unequivocally prohibits the removal or killing of dogs from the streets, granting them a “right” to remain, unless adopted. This protection, enforced since 2001, is rooted in the fundamental duty outlined in Article 51A(G) of the Indian Constitution, which calls upon citizens to safeguard wildlife and show compassion to all living creatures.

Moreover, the act of feeding stray dogs is not only legal but also upheld by the Supreme Court, allowing residents to provide sustenance within their residential areas.

However, the challenge lies in managing these dogs within communities, as they cannot be removed but can be sterilised and returned to their original locations by the authorities. This legal framework reflects the delicate balance between animal welfare and coexistence in urban environments.

The Delhi High Court has recently highlighted the pressing problem of stray dogs in the nation’s Capital, emphasising the need for swift and effective action.

In a specific case, the court has quashed two FIRs lodged against a woman. These legal actions were dismissed as the woman and her neighbours resolved the issue amicably in the past year. This case revolves around a philanthropist and animal lover who had been accused of her dogs biting a man and his father in separate incidents back in 2014.

The Punjab and Haryana High Court has criticised the Municipal Corporation of Gurugram (MCG) for what it considers insufficient efforts to address the issue of stray dogs in the city, especially in light of an increase in dog bite cases.

Justice Vinod S Bhardwaj had asked the MCG Commissioner for an explanation for the civic body’s perceived failure to effectively control the problem of stray dogs in the city.

This case originated on November 15 of the previous year when the district consumer forum ordered MCG to compensate a victim of a stray dog bite with Rs 2 lakh.

The forum had also issued an order banning certain dog breeds, including the American Pit-Bull Terrier, Dogo Argentino, and the Rottweiler.

In a ruling by a single Judge, Justice Jasmeet Singh, a writ petition concerning the ongoing issue of feeding stray dogs in a locality in Delhi was addressed.

The judge issued directions to the respondents, instructing them to identify a suitable location for feeding stray dogs in compliance with the guidelines set forth by various courts, the Supreme Court, and the Animal Welfare Board of India.

The petition had been filed with the intent of ending any hindrances created by the respondents to prevent the feeding of stray dogs in the Keshav Puram locality of Delhi.

It also sought the intervention of the state to establish or designate a specific area for the feeding of stray dogs.

The unchecked proliferation of street dogs has become a concerning issue, leading to a sense of unease among city dwellers.

The growing occurrences of aggressive behaviour among street and pet dogs have raised questions about the safety of pedestrians and community harmony.

This complex issue is further compounded by a legal framework that prohibits the removal or killing of street dogs, highlighting the need for a delicate balance between animal welfare and coexistence in urban environments.

Recent court cases and legal actions reflect the pressing need for effective solutions to this multifaceted challenge in urban India.

–IANS

Comments are closed.