Street dogs can’t be kept in captivity: Apex court
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 had said that if anyone was 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 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 people feeding stray dogs.
The order came on a petition filed by three people challenging the high court direction, which also gave authorities power to detain dogs and if required, and 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 people 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. “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 order had curtailed constitutional rights of citizens and the Supreme Court has recognised there is no basis in law or science to impose penalty on feeding dogs,” said Gauri Maulekhi, Trustee of People for Animals.