Paper: GS – II, Subject: Polity, Topic: Judiciary and Tribunals, Issue: Implications of the recent SC judgement on stray dogs.
Context:
SC ordered all street dogs in Delhi to be relocated to dog shelters within 8 weeks. Court took suo motu cognisance of a news report on fatal stray dog attacks on infants in Delhi.
Key Highlights:
Constitutional Perspective:
- Article 51A(g): Fundamental duty of citizens to have compassion for living creatures.
- Judicial actions must respect constitutional compassion alongside public safety concerns.
Human–Canine Conflict in India:
- Not a new issue it is linked to state’s failure to implement proper measures.
- Root causes: Poor animal birth control (ABC) programmes and lack of effective anti-rabies measures.
Legal & Procedural Issues:
- Contravention of Existing Laws like:
- Prevention of Cruelty to Animals Act (PCA) 1960.
- Prevention of Cruelty to Animals (Animal Birth Control) Rules, 2023.
- These prohibit relocation of dogs unless scientifically proven to be rabid or incurably ill.
- Violation of Jurisprudence:
- Principle of stare decisis ignored.
- Previous SC judgment in Animal Welfare Board of India vs People for Elimination of Stray Troubles (2024) had already settled the issue.
- Violation of Natural Justice:
- Audi alteram partem ignored (no hearing to affected parties).
Governance & Accountability Issues:
- Local bodies have failed to:
- Implement ABC and anti-rabies programmes.
- Manage stray dog populations effectively.
- Order allows state machinery to avoid accountability by blaming dogs instead of governance failures.
Conclusion:
Locking up all strays is not a sustainable solution. There is a need to address the root causes such as implement effective ABC and vaccination programmes and strengthen local governance and enforcement.
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