Today, the Supreme Court of India has stayed the operation of the Bombay High Court order that had upheld discretion vested in the Municipal Commissioner to destroy "nuisance" dogs. The central law envisages sterilization and vaccination of street dogs, which can be euthanasia only if they are incurably ill, or mortally wounded, and removed if they are rabid. While this matter is pending consideration in the Supreme Court, animal welfare organizations of all states must appraise their respective state governments and municipal corporations of this development, particularly the stay. Inform them that indiscriminate killing of of street dogs, cannot be resorted to.

BRIEF NOTE FOR THE PRESS


In the matter titled 'ANIMAL WELFARE BOARD OF INDIA VS P.E.S.T. & ORS', numbered as S.L.P. (C) No. 691 of 2009, and connected petitions filed by the Central Government, Ministry of Environment and Forests, and the organizations known as 'In Defense of Animals', 'Welfare of Stray Dogs, Bombay', and 'Viniyog Parivar Trust',

WHAT THE SUPREME COURT HAS DONE :

The Supreme Court has granted a stay against the operation of the judgment dated 19th December, 2008, passed by a 3 judge bench of the Bombay High Court in the matter titled 'P.E.S.T. & Anr. Vs State of Goa & Ors', and connected petitions, and issued notice of petition to the respondents.

WHAT EFFECT WILL THE SUPREME COURT'S ORDER HAVE :

The Commissioner of the Bombay Municipal Corporation will have to abide by the Animal Birth Control (Dogs) Rules, 2001, passed under Section 38 of the Prevention of Cruelty to Animals Act, 1960, which is the law applicable all over the country, while the Supreme Court is considering the petition before it.

This law is based on W.H.O. research, and advocates sterilization and vaccination of street dogs. The ability to procreate is humanely targeted - killing is strictly prohibited.

Only incurably ill, mortally wounded, and rabid dogs can be put to sleep / removed.

The Commissioner will not be able to resort to Section 191-BA of the Bombay Municipal Corporation Act, and seize and kill any street dog he considers a 'nuisance'. Sterilization and vaccination of street dogs will have to be resorted to, and killing resorted to only in the very limited circumstances and in the manner prescribed by the Animal Birth Control (Dogs) Rules, 2001.

COUNSEL WHO APPEARED :

Mr. Fali S. Nariman, Senior Advocate, and Ms. Norma Alvarez, Mr. Subhash Sharma, Mr. Hardeep Anand, Ms. Anjali Sharma, and Ms. Vandana Sehgal, Advocates for the Animal Welfare Board of India ;

Mr. G. Vahanvati, Solicitor General of India for the Central Government, Ministry of Environment and Forests ;

Mr. Andhyarujina, Senior Advocate, with Mr. Subrat Birla, Advocate for Welfare of Stray Dogs, Bombay ;

Mr. Raj Panjwani, Advocate for Viniyog Parivar Trust ;

Mr. Rahul Thakur, Advocate for In Defense of Animals.