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SC Stays on Delhi HC Order: Stray Dogs’ Right to Food

2 min read

Tanya Gupta

Published on: March 6, 2022, at 17:05 IST

The Delhi High Court in July 2021 ruling, noted that it is the Responsibility of Resident Welfare Associations to Feed Stray Dogs, as they too have the Right to Food and Water.

In the Case of Humane Foundation for People and Animals vs. Animal Welfare Board of India, the Apex Court stayed a Delhi High Court Order which observed the Stray Dogs’ Right to Food and had also issued dozens of New Directives concerning their Welfare.

The Order was stayed by the Division Bench of Justice Aniruddha Bose and Vineet Saran.

“Permission to file Special Leave Petition is granted. Issue Notice returnable in six weeks. Meanwhile, Operation of the Impugned Order shall remain Stayed,” the Supreme Court comprised.

In relation to a Suit filed, to prevent some individuals from Feeding Stray Dogs, the High Court issued an order establishing some Guidelines for the Feeding of Stray Dogs.

Justice JR Midha Single-Handedly Observed, “Community Dogs (Stray/Street Dogs) have the Right to Food and Citizens have the Right to Feed Community Dogs…, Any person having compassion for Stray Dogs can feed the Dogs at their private Entrance/Porch/Driveway of their house or any other place not shared with Other Residents. No person can Restrict the Other Residents. No person can Restrict the other from the feeding of dogs, until and unless it is causing harm or harassment to that other person”.

An Appeal was filed against the same High Court order, which was deemed to be a Violation of the Supreme Court Ruling instructing the High Court not to Issue any Dog-related Orders and the Animal Birth Control Rules (ABC Rules) mainly referring to Dogs.

According to Plea, “SLP (C) 691/2009 together with several connected Petitions (including WP(C) 319/2020 filed by the current Petitioners) is currently pending a Final Hearing by this Hon’ble Court and the Court has specifically asked High Courts not to pass any order or Judgments, relating to dogs, the Prevention of Cruelty to Animals Act and ABC Rules and related issues of their feeding in public places as a means to implement the ABC Rules”.

To investigate the inaction of the State Government, The Kerala High Court instituted a Suo Moto Case last year, renamed as In Re: Bruno.

The Allahabad High Court in 2020 ordered the removal of stray cattle and dogs from within the city.

Also Read: Kerala HC stays Decision of State to Transfer Funds for Management of Animal Birth Control

Kerala HC: State to provide Space for feeding Community Dogs

What are the Rights of the Animals?