THE TWO-JUDGE SC BENCH RULING ON STRAY DOGS DESERVES A RELOOK!

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  • The whole country is witness to the dangers posed by stray dogs whose population seems to be multiplying manifold despite several measures like birth control, sterilization, relocation, and shelter houses being built for the purpose. Of course, most Indians must be classified as animal lovers, especially friendly creatures like dogs, since pets are considered not only amiable towards humans but also known to provide soothing influence on frayed nerves. Furry friends are known to be stress-busters by providing unconditional affection through their selfless play acts. However, what is also true is that the way stray dogs have caused great inconvenience to several people by showing aggressive intent more often. This is known to escalate in the absence of food.

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  • The resultant consequence is an increasing number of rabies-related deaths being reported from across the country, leading to a standoff between the animal lovers and the concerned citizens affected/scared by them. In this scenario, the two-judge SC bench’s directions on street dogs need a close second look by the top court. The recent SC direction on stray dogs raises several troubling questions. First, parts of the directives issued by the bench contradict existing rules. Animal Birth Control rules, under the Prevention of Cruelty to Animals Act, clearly state that strays cannot be relocated. Various SC orders, including one passed recently, have upheld these rules. For the uninitiated, there’s an existing advisory from the Animal Welfare Board on this.

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  • For another SC bench to direct authorities to forget the rules is extraordinary. One of the top court’s key roles is to ensure rules are followed diligently. Parenthetically, it is worth noting that an earlier order by the same SC bench criticizing HC judges drew the disapproval of the CJI and another senior judge. Second, the directives on strays are unimplementable. Animal welfare experts point out that for Delhi’s strays, thousands of shelters will have to be built in areas without human habitation. Land acquisition of this scale in a crowded city or in the wider NCR area will be impossible. Even assuming that’s done, the costs of building the shelters, training, and employing thousands of people to run the shelters, and feeding the strays will run into thousands of crores.

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  • Realistically speaking, which authority is fiscally prepared to do this? The answer is obvious despite Delhi government ministers saying they will implement these directives. Sooner or later, the impossibility of the task will be known to the ministers. Third, the SC taking suo motu notice is because of rabies deaths. But forcible relocation of street dogs won’t solve this. It will simply engender heartbreaking cruelty. The solution lies in upgrading Delhi’s ABC centres that are mandated to perform sterilization and immunization. This is eminently doable and, for the authorities, budget-wise affordable. SC has reviewed its decisions in the past. As such, the directives on stray dogs must be treated as a fit case for an urgent and close second look. Period.