In the Sonia Rogers (petitioner) vs State of Haryana & Ors (respondents), the HC ruled in favour of the former, granting permission to care for stray dogs
Responsible feeding of dogs in a locality should go hand in hand with spaying/neutering and vaccination too: Section 289, IPC is sometimes used by the residents/neighbours, Resident Welfare Associations (RWAs) and the police against people who feed dogs on the basis that if the dog is aggressive, and if you feed it, then it is your dog and therefore you’re responsible under Section 289, IPC. The judgment points that if the feeder is participating voluntarily in spaying/neutering and vaccinations, they are volunteering under the ABC Rules and this is an acceptable activity.
Case history
- Sonia Rogers, Gurgaon resident, undertakes voluntary activity of taking care of community dogs as per Animal Birth Control Rules (Dogs) Rules 2001.
- She lives in a rented house and her landlord (an IAS officers wife) and residents of the colony wanted her to stop the activity of taking care of the dogs. Sonia Rogers however continued to pursue her activity.
- The residents of the colony objected to it and to protest made an unlawful entry into Sonia Rogers main gate on 12/10/2010, even 2 maid-servants gained entry into the house.
- The police did not lodge an FIR on Sonia Rogers’ complaint on this unlawful entry, but several FIRs were filed against Sonia Rogers by the landlord and Residents’ Welfare Association.
- The FIR in question (FIR No 58 dt 16/02/2010) was lodged against Sonia Rogers under Section 289 IPC for:
“Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”
- The court observed that Sonia Rogers was carrying out activity permitted by law: Animal Birth Control Rules (Dogs) 2001, Section 3, clause (3):
“The street dogs shall be sterilized and immunized by participation of animal welfare organizations, private individuals and the local authority.”
- The court deemed the action of the state and police unlawful and and quashed the FIR against Sonia Rogers
Important Downloads
Legal References
- Section 289 IPC
- Section 482 CrPC
- Animal Birth Control Rules (Dogs) 2001
Conclusion
Section 289, IPC is sometimes used by the residents/neighbours, Resident Welfare Associations (RWAs) and the police against people who feed dogs on the basis that if the dog is aggressive, and if you feed it, then it is your dog and therefore you’re responsible under Section 289, IPC. The judgment points that if the feeder is participating voluntarily in spaying/neutering and vaccinations, they are volunteering under the ABC Rules and this is an acceptable activity.
