Rudrapur Municipal Corporation passes ultra vires order
Established news sources have reported that the Rudrapur Municipal Corporation has passed an order that pet canines may be kept only after obtaining a No Objection Certificate (NOC) from your immediate neighbours! As per the new guidelines, pet owners will be necessitated to obtain the NOC at the time of renewing the animal’s registration, the failure of which will attract a penalty while the papers will not be extended.
Dog owners and animal rights activists must initiate legal proceedings to challenge the validity of this order before the competent local courts. The Corporation shall be compelled to retract the said order upon successful challenge.
The order in question constitutes a flagrant infringement of the guidelines set forth by the Animal Welfare Board of India (AWBI) concerning the rights of pet dogs, as well as the fundamental rights of citizens to responsibly care for their companion animals/pets. Thus, it is imperative for concerned parties to seek redress through the appropriate legal channels to safeguard the rights and welfare of the pet dogs in question and uphold the rights of the citizens.
It is a fundamental principle of legal jurisprudence that no local body possesses the authority to enact legislation or issue directives that contravene the provisions of higher laws prevailing in the nation. In this context, the hierarchical order of legal precedence dictates that State laws supersede lower laws, followed by National Laws, and ultimately, the Constitution of India reigns supreme. As it presently stands, there exists no provision within the extant laws of India that permits the enactment of such orders requiring NOC pertaining to pet dogs. Therefore, any attempt to promulgate such rules concerning pet dogs would be deemed ultra vires and devoid of legal validity.
In accordance with the prevailing laws and regulations governing the Republic of India, it is imperative to recognize that the esteemed Supreme Court of India has assumed jurisdiction over the matter pertaining to stray dogs. As a consequence of the said judicial involvement, no local body or governmental authority possesses the lawful prerogative to promulgate any directive or edict in relation to stray dogs, until such time that the Supreme Court of India issues a definitive order on the matter. It is incumbent upon all concerned parties to observe and adhere to the directives set forth by the apex court until a lawful disposition is made.
To know about rights of pets or stray dogs, please visit : https://vosd.in