The Allahabad High Court passed an order that opposes differing views of the Karnataka, Bombay, and Shimla High Courts, and upholds the Animal Birth Control (Dogs) Rules unambiguously.
On May 15th, 2013, the Chief Justice’s bench at Allahabad High Court passed the first unequivocal order by any high court, expressly disregarding municipal law provisions that allow the harming of stray dogs. They upheld the existing Animal Birth Control (Dogs) Rules, i.e, dog population, dog nuisance, and the threat of rabies will be controlled through sterilisation and vaccination of dogs. The order can be seen HERE.
Bombay High Court and Karnataka High Court had passed orders that were in favour of deeming strays a ‘nuisance’, and Shimla High Court followed soon after. This included dogs that were ‘straying’ or ‘loitering’ and dogs with no history of violence against humans.
Since then, the Supreme Court of India has stayed the orders of each court.
Upholding animal rights
The Chief Justice’s Bench stated that any killing of a stray dog goes against a provision in Part IV-A of the Constitution that indicates the Fundamental Duties of every citizen in India.
The Municipal Corporation in question attempted to enforce an archaic 1959 Act from Uttar Pradesh.
Furthermore, Article 51-A(g) of the Constitution rules that every citizen of India must show compassion for all animals, and must protect and improve the natural environment (including forests, lakes, rivers and wildlife.
The Prevention Against Cruelty to Animals Act
Under this Act, the Animal Birth Control Rules of 2001 emphasise that there are statutory protections for animals, specifically, dogs.
Rule 6 of these Rules states clearly that municipal corporations are required by law to provide adequate infrastructure to animal welfare organisations for the purposes of immunisation and sterilisation.
Good news for dogs
This order was passed by one of the largest high courts in the country, and will have a positive impact on human birth control treatments for animals. Stray dogs benefit from this greatly as the risk of millions of stray pups on the street will avoid living a hard and hungry life.
For more information on dog, and animal rights, in general, visit vosd.in!