Context: While hearing a plea by a Noida resident harassed for feeding stray dogs in common areas, the Supreme Court observed that citizens who wished to feed stray dogs should consider doing so inside their own homes.
The case highlights the relevance of the Animal Birth Control Rules 2023, which aims to regulate feeding practices while balancing animal welfare and public safety.
Relevance of the Topic: Prelims: Animal Birth Control Rules, 2023, Prevention of Cruelty to Animals Act, 1960, Fundamental Duties (Article 51A(g)), Article 21.Mains: GS-IV Ethical Dilemma: Compassion vs Public order
Animal Birth Control Rules 2023
- Animal Birth Control Rules 2023 (ABC Rules) were notified under The Prevention of Cruelty to Animals Act, 1960.
- The Rules seek to control stray dog populations through sterilisation, and to curb the spread of rabies by vaccinating them.
- The Rules lay down protocols to ensure that the feeding of dogs respects both animal welfare and public safety.
- The Rules replaced the Animal Birth Control (Dog) Rules, 2001.
- These Rules use the expression “community animals” instead of “stray dogs”- recognising that these dogs are not ownerless intruders but territorial beings that inhabit and belong to their local environments.
Rule 20 of the ABC Rules 2023: Feeding of Community Animals
- If a resident feeds street animals, the Resident Welfare Association (RWA), Apartment Owners’ Association, or local body’s representative must arrange designated feeding spots.
- Feeding spots must be away from public entry points, stairs, or play areas.
- The designated spaces must be kept clean and litter-free, and community dogs should be fed at an appointed time.
- The Rule also lays down a dispute resolution mechanism involving the Chief Veterinary Officer, Representatives of the Police, the District Society for Prevention of Cruelty to Animals, Organisations conducting Animal Birth Control, and the RWA.
Constitutional Provisions:
- Article 51A(g) places a fundamental duty on citizens to have compassion for living creatures.
Important Court Judgments
- In Jallikattu Case 2014 (Animal Welfare Board of India vs A. Nagaraja): The Supreme court ruled that animal life falls within the meaning of Article 21 of the Constitution. The SC noted that all living creatures (including animals) have inherent dignity, right to live peacefully and the right to protect their well-being.
- Bombay High Court in Sharmila Sankar v. Union of India (2023) ruled in favour of residents who had faced opposition from their housing societies for feeding dogs. The court affirmed that the ABC Rules have the force of law. RWAs and societies cannot restrict the feeding of community animals or threaten or penalise individuals who do so.
The presence of dogs in residential areas cannot automatically be considered unlawful. Nor can those who feed them be considered offenders unless their actions violate specific behavioural and spatial guidelines set by the law.