Street Dog Feeders in Delhi: PLEASE Do not panic, just act responsibly

We are quoting below verbatim from the Facebook post put by, Advocate Ms.Anjali Sharma, so that those who feed street dogs in Delhi and elsewhere can use this information BELOW to counter the misinformation that has spread following recent news reports in Delhi on this subject.

So, please read below, relax and download the Complete order issued by the Delhi High Court below and gear up to counter all the unruly “RWA” members or neighbours who have been fed some fodder by our misreporting Media outlets in the City.

After you have finished reading what we have quoted below, please also read the below links once again.

*2010 Order by Delhi High Court on feeding street dogs

*Indian Street Dogs and their Rights

SO HAS THE DELHI HIGH COURT BANNED STREET DOG FEEDING THROUGH A RECENT ORDER?

OF COURSE NOT. Please read the ACTUAL ORDER which I’m sharing below, & not the trash that some Hindi tabloids have published. The order passed is case specific – involving a case where 2 parties are residing in a common property. One resident objected to the other resident feeding street dogs. He wanted the dogs removed from the area, & wanted their feeding banned. THE COURT HAS NOT DONE THAT. The Court simply said – don’t chain street dogs in the common drive-way of the property in which both parties are residing, don’t feed them there, don’t cause nuisance for the other resident. THATS ALL. This order is in line with the earlier orders passed by the Delhi High Court in 2009 – 2010. Even in those cases, in which I had appeared for the Animal Welfare Board of India, the High Court had emphasised that feeding must be done carefully & in a responsible manner.

– Above text is as quoted by Ms.Anjali Sharma ADVOCATE in her Facebook post on 31st July 2017.

We are quoting below in Hindi, the words of Saurav Gupta, an Animal Welfare activist on this subject so as to calm down the nerves of all of you who communicate in Hindi.

दोस्तों एक भ्रांति और डर आज कुछ पशुप्रेमियों में है जो कुछ कुत्तों को खाना डालते हैं दोस्तों मैं उन्हें आश्वस्त करना चाहता हूँ की ये उच्च न्यायालय का आदेश केवल एक केस में आया है, दो पार्टियों के झगड़े में एक civil-Suit की सुनवाई के दौरान विशेष तौर पर इस एक केस में ये आदेश पारित किया गया है, ये कोई P.I.L या Writ Petition नहीं है जो पूरे दिल्ली में लागू हो ये बस एक केस में एक पार्टी के ख़िलाफ़ आदेश है. कुछ हिंदी अख़बार वाले इस केस में बिना Court Order पढ़े ख़बर लिख रहे हैं और कुत्तों को खाना डालने वाले हमारे पशुप्रेमी उन ख़बरों को पढ़ कर बिना बात के डर रहे हैं.

दोस्तों मैं सप्रीम कोर्ट के एक वरिष्ठ अधिवक्ता के साथ हूँ जिनसे मैंने इस ऑर्डर को डिस्कस कर रहा हूँ उनका कहना है कि हमें इस केस में सप्रीम कोर्ट जाने की या परेशान होने की बिलकुल जर्रूरत नहीं है कोर्ट ने कहा है कि driveway में किसी कुत्ते को ना बांधा जाए और स्ट्रीट डॉग को फ़ीड करते समय पब्लिक की सावधानी व साफ़ सफ़ाई का ध्यान रखा जाए,जिसके लिए मालवीय नगर के S.h.o ko भी उचित कार्यवाही के लिए निर्देशित किया गया है।

कोर्ट ने इस ऑर्डर में कहीं नहीं लिखा की स्ट्रीट dogs को खाना ना डाला जाए, कोर्ट ने 2009 से 2011 तक चले उस हाईकोर्ट के केस के आदेशों को ही जारी रखा है जिसमें हाई कोर्ट ने साफ़ तौर पर दिल्ली पुलिस को निर्देशित किया था की स्ट्रीटdogs को फ़ीडिंग करने वालेपशुप्रेमियो की सुरक्षा सुनिश्चित की जाए तथा एम॰सी॰डी॰(MCD) को निर्देशित किया था कि स्ट्रीट dogs के फ़ीडिंग point तथा फ़ीडिंग का समय निर्धारित किया जाय। उसी आदेशों को इस आदेश में जारी रखा गया है।। बस इतनी सी बात को बढ़ा चढ़ा कर अख़बारों में छापा जा रहा है।

दोस्तों ये ऑर्डर दिल्ली में किसी भी अन्य केस में मान्य नहीं होगा, इसलिए आप किसी भी पशुप्रेमी को परेशान होने की ज़रूरत नहीं है। जब तक हम लोग बैठे हैं तब तक आपको इस तरह के आदेशों में चिंता करने की बिलकुल ज़रूरत नहीं है.

Recent Developments on Street Dog related petitions in Delhi High Court (August 2015)

As shared by Ms. Anjali Sharma, Board Member and Legal Advisor to the Animal Welfare Board of India, Ministry of Environment , Forest and Climate Change, Government of India.

17th August 2015_Delhi HC on DogsAnd this is what the 5th August 2015 Delhi High Court order reads like:

As per this order, Ms. Sharma explains, ” (i) what is necessary is that the Animal Birth Control (Dogs) Rules be implemented in letter and spirit ; & (ii) The primary responsibility of implementing the Rules is of the municipalities. (Meaning thereby that they have to fund it adequately, provide the infrastructure, etc.). Not only has the Delhi High Court Order asked the 3 municipal corporations of Delhi, & the N.D.M.C., to file status reports giving sterilization numbers, but specifically asked whether the STRAY DOGS HAVE BEEN RETURNED BACK TO THE LOCALITIES after sterilization.”

5th August 2015_Delhi HC Order on a Street Dog Petition_Page 1 5th August 2015_Delhi HC Order on a Street Dog Petition_Page 2

Pet Dogs and Street Dogs: Do’s and Dont’s

Below is an article written by Mrs. Maneka Gandhi, who is the Chairperson of an organisation called, ‘People for Animals’. We happened to receive a copy of it in our Inbox from a fellow animal rescuer and deem it wise to share it on this blog of ours, since a lot of our helpline calls and e-mails are related to this subject.

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In recent times, RWAs, Apartment Owners’ Associations, and Cooperative Group Housing Societies, having taking to imposing various restrictions on pet owning residents, such as disallowing the use of lifts, or parks, by pets, or even banning pets altogether. There is widespread resentment against these moves, because not only do they unreasonably restrict the rights of residents, they are also unlawful and against recent court rulings.

Moreover, as an RWA, or an Apartment Owners’ Association, Cooperative Group Housing Society, gated complex, etc., you may often be getting complaints regarding street dogs, and requests that they be driven away, through beatings by security guards or otherwise, or just dumped elsewhere. If you accede to these requests, you will not only be violating laws and pronouncements of courts, but will not achieve any permanent solutions either. The problem will remain a perennial problem ; and you will also run afoul of animal welfare people that are increasing in number by the day, and banding themselves into well organized groups.

Below, are some DOs and DON’Ts, with respect to both, PET DOGS & STREET DOGS.

I.          WITH RESPECT TO PET DOGS & PET OWNING RESIDENTS :Please keep in mind that the following is what you CANNOT do :-

 BANNING pets, whether allowed :

a)     Even by obtaining consensus, or even if the majority of the residents want it, you cannot legally introduce any sort of ‘ban’ on the keeping of pet dogs by residents.

b)     Even by amending bye-laws or regulations or otherwise, such a ‘ban’ cannot be put into place since it is illegal, and does not have the sanction of law. In fact, in trying to ‘ban’ pets, or limit their number, you interfere with a fundamental freedom guaranteed to the citizens of India, i.e. the freedom to choose the life they wish to live, which includes facets such as living with or without companion animals.

c)    If the residents that have pets are not violating any municipal or other laws, you cannot object. The general body cannot frame or amend bye-laws that are at variance with the laws of the country. Even by a complete majority, a general body cannot adopt an illegality. Please remember, you do not have the right to legislate, and ‘lay down law’ for residents, and apartment owners or even tenants.

Use of LIFTS by pets :

d)    There is a court ruling to the effect that pets cannot be disallowed from the use of lifts ; and no charges can be imposed either, by housing societies for the use of lifts by pets. In fact, it was widely reported in the news that the concerned court had ruled that “Dogs are family, can use lifts for free”. Kindly ensure that this sort of restriction is not therefore imposed – neither a ban, nor any special charges for the use of lifts by pets.

 Use of PARKS by pets :

e)    Banning pets from gardens or parks, is short-sighted. Firstly, you may or may not own the garden or park in question. It may be an MCD or DDA park, or belong to any other organization. Secondly, pets that are not properly exercised may show aggression in frustration ; and that, surely, cannot contribute to the benefit of the residents. It may be better to fix timings when pets can be walked without inconvenience to other residents. These timings can then be intimated to the general body.

Use of leashes/muzzles by pet owners, defecation by pets in community premises, imposition of fines and other similar measures :

f)     You can request pet owners to keep their pets on leash, when walking them in common areas. You cannot however ask for muzzles as muzzles are illegal for sustained use as dogs die through overheating. Please remember, the law already provides for penalties for negligent pet owners, which the aggrieved parties can avail of.

g)    In the absence of central or state laws requiring cleaning of pet poop by pet owners, you cannot impose any rule, regulation or bye-law, with respect to mandatory cleaning of pet poop, or impose special charges or fines on pet owners. You can, of course, request them to do so.

h)    You can also experiment with the creation of various pet defecation areas within community premises, which is what some housing societies and sectors are doing. These can be imaginatively spaced out within the precincts, and you can request pet owners to train their pets into using the same. You cannot however impose fines and special charges of any kind on pet owners, because there is no mandate in law for the same.

Intimidation :

i)     Lastly, please also always bear in mind that if any association succeeds in intimidating a pet owner into ‘giving up’ or ‘abandoning’ a pet, it will actually have contributed to a violation of law ; and may well be aggravating the menace of ownerless animals on the street, that are not accustomed to living on the street and therefore get involved in and lead to accidents, injuries and deaths. Please also bear in mind that intimidation is an offense in law.

II.         WITH RESPECT TO STREET DOGS :What you CANNOT do :-

1)         Beating and driving away street dogs, NOT ALLOWED ; animal birth control and release back into same locality/territory, ALLOWED :

As per Indian law street dogs (i.e. stray dogs) cannot be beaten or driven away or dumped elsewhere or killed. They can merely be sterilized in the manner envisaged in the Animal Birth Control (Dogs) Rules, 2001, vaccinated, and then returned back to their original locations. For the area-wise sterilization program that the law mandates shall be followed, dogs have to be returned back to their original habitat after sterilization and immunization.

2)         The rationale behind release into the same locality/territory :

Dogs, being territorial in nature, tend to fight off other dogs, and keep them from entering their territories ; and in this manner, the dog population in each territory / within each locale, stabilizes.If, however, they are removed permanently, other dogs come into the ‘dog-free’ vacuum that is thereby created. So the ‘problem’ continues.

3)         Street dog feeding, whether inside or outside community premises :

 There is no law that prohibits the feeding of street animals.Citizens who choose to do so are in fact performing a duty cast upon them by the Constitution of India – of showing compassion to all living creatures. As recently as the 12th of December, 2011, stray dog feeding has been upheld yet again by the High Court, and the emphatic challenge to the same by one R.W.A., disregarded.

4)         Animal cruelty :

Please also note, animal cruelty is an offence – under Section 11 of the Prevention of Cruelty to Animals Act, and Section 428 of the Indian Penal Code –punishable with imprisonment and fine.

5)         Intimidation :

Attempts to interfere with, or harass persons who choose to tend to and feed community dogs, maybe tantamount to the very grave offence of criminal intimidation.

6)         Aggression to dogs, counter productive :

Last but not the least : any aggression or hostility that the dogs may be subjected to, will only render them aggressive, and hostile to humans. They may then resort to snapping and biting in self -defense. If the same happens, the human aggressors shall be the only ones to blame.

Do-it-Yourself (DIY) Series-3: Apply for the ‘Colony Caretaker of Animals-Card’ from Animal Welfare Board of India

AWBI website screenshot-information to dogfeeders, colony caretakers

AWBI website screenshot-information to dogfeeders, colony caretakers

Animal Welfare Board of India has decided to issue Identity Cards to Street Dog Feeders/Colony Care Takers of Animals who are taking care of animals in their locality.

A proforma of registration form can be downloaded from this link- http://awbi.org/awbi-pdf/caretakers.pdf or please click below.

AWBI Form for getting Colony Caretaker of Animals ID Card

Please download the form and send the duly filled in form along with the following:

– Two passport size photographs.
– Self -attested true copy of the Ration Card/ Voter ID/ Driving License/ Passport/ PAN Card

 to

ANIMAL WELFARE BOARD OF INDIA
(Ministry of Environment and Forests, Govt. of India)
Post Box No. 8672, 13/1, Third Seaward Road, Valmiki Nagar,Thiruvanmiyur, Chennai – 600 041

Colony Animal Cretaker Form_AWBI_English

Colony Animal Cretaker Form_AWBI_Hindi

A news report on the same in Indian Express dated 21st January 2013, by Senior Correspondent Kamala Kelkar,  is posted below. Please hoever note that the process may take less or more than a couple of weeks for you to receive your cards, as mentioned below

People who care for street dogs will soon be getting government-issued identity cards. The new ID cards are expected to do away with harassment faced by many such persons from the general public, when they try to feed canines on the road.

In a move that animal activists termed “unprecedented,” the Animal Welfare Board of India (AWBI) has decided last week that anyone who voluntarily cares for strays — dog feeders and colony caretakers who tend to animals in their locality.

It Board has put up a one-page registration form (can be downloaded free of cost) on its website awbi.org, for those who want to get these ID cards.

The applicant needs to fill in personal information such as name, address and experience. Once the application is submitted, the ID card would be processed and mailed to the applicant, board member and legal advisor Anjali Sharma said.

“The card would have the person’s name and an attestation that he/she is doing a right and lawful deed and the Animal Welfare Board supports it. This lends credibility to the person,” Sharma said.

The AWBI is a legal advisory body that was formed under the Animal Prevention Act of 1960 to protect the animals.

Sharma explained that the goal of the card, which does not provide any exclusive rights, was solely the welfare of animals and caretakers.

“Most people don’t realize that sterilization and vaccination of stray dogs would be possible only through feeding and befriending dogs,” Sharma said.

In December 2011, the Delhi High Court had passed an order voicing its approval for designated “dog feeding spots” for stray canines in the city. It passed the order on a petition which sought to protect dogs from “intimidating” residents, so they could be fed without any hassle.

The court also ruled that police should assist dog feeders if they faced any “harassment” from residents and also ordered the AWBI to designate specific feeding areas.

Rishi Dev, founder of Citizens for Animal Rights who has written a book on “Urban disputes over animals”, said this was the first time that the government was supporting such an initiative.

Sharma hoped that many would come forward to apply for the cards. “They are performing a duty,” she said. “And it’s a legitimate exercise.”

Do-it-Yourself (DIY) Series-2: Educating your Residential Society on the scientific and lawful manner of dealing with street dogs

This template letter on Google Docs is kind courtesy of the Voice of Stray Dogs, Bangalore and makes for a good resource material for those of you trying to educate their own residential societies (RWAs i.e. Resident Welfare Associations) on the best possible legally correct, scientific and humane way of dealing with the ‘subject’ of street dogs in their colonies.

How to do this yourself?

Firstly, read these two articles to best understand the Rights of Street Dogs in India and the Delhi High Court rulings on the subject of feeding street Dogs, then save the images and the PDF Files embedded in these articles on to your computer, take a print out of these saved files and attach it as annexures to the above letter that you would draft and address to the concerned person in your RWA, seal the letter and send it across through courier or registered post, keep a photocopy of the same set with you. Be strong and fight it out intelligently, the laws are on your side and the dogs, just use your wisdom and intellect to drive the point across to the ‘uninformed’.

Answers to Frequently Asked Questions on the above subject (kind courtesy of People for Animals):

Q) Can people who feed animals in their areas be stopped by the RWAs or Societies or neighbours under the law ?

A) Article 51A of the Constitutional Law of India, speaks about the duties of every citizen of India. One of these duties includes having compassion for living creatures. So the animal lover is protected under the Constitution.

Article 19 of the Constitution of India, deals with right to freedom and in this freedom comes the right to profession, occupation, trade and business. Therefore, it means that every citizen has the right to occupation and if someone has taken the caring of animals as his occupation, it is legal and he has every right to carry on with  his occupation.

Article 21 of the Constitution of India states the right to personal life and liberty. Now this is the very vast right. If someone wants to feed dogs and provides shelter to the dogs, he has every liberty to do so. He has this right to liberty that the law provides to every citizen of India.

But, above every law and rights, there is a natural right too, which is a universal right, that is inherent in the nature of ethics and contingent on human actions or beliefs. It is the right that is claimed to exist even when it is not enforced by the government or society as a whole. It is the right of the individual and considered beyond the authority of a government or international body to dismiss. Therefore, if there are any rights at all, there must be right to liberty, for all the others depend on this. And, loving, caring and feeding and giving shelter to dogs, definitely is a natural right of any individual.

In a judgment passed by the Delhi Court, it has been stated that the Animal Welfare Board of India and the Municipal authorities have in the guidelines issued by them specified the problem often faced by the individuals and families who adopts stray animals and feed them and come to the assistance of such persons. The court says, that it is necessary to bring into record that these individuals and families who adopt stray animals are doing a great service to the humanity as they are acting in the aid and assistance of municipal authorities by providing these animals with food and shelter and also by getting them vaccinated and sterilized. Without assistance of such persons no local municipal authority can successfully carry out its ABC programs. The court has went on to say that the local police and the municipal authorities are under the obligation not only to encourage such adoption but also to ensure that such persons who come forward to take care of these animals specifically the community or neighbourhood dogs so that they are not subjected to any kind of cruelty.

And finally, the court has said that every individual has a right to live his life in the manner he wants and it is necessary that the society and the community recognizes it.

Q) Can an RWA/Society or any individual pick up the dogs in a colony that are sterilized and vaccinated and throw them away somewhere

A) Under the Government of India Animal Birth Control rules 2001 , no sterilized dogs can be relocated  from their area. Under 5 High Court orders , sterilized dogs have to be in their original areas. Even if the dog is not sterilized , the Society can simply ask an animal welfare organization to sterilize and vaccinate the dog. They cannot relocate him. Relocation is not permissible as it would cause more problems such as increase of dog bites as dogs are territorial by nature and fight to retain their areas keeping out other dogs.