Street Dog Feeding

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Let’s beat Corona with Karuna i.e. by showing Compassion to our Neighbourhood Animals & the Poor, says PM Modi in a Televised address to the Nation

Prime Minister Modi urged fellow Indians to show the spirit of “Compassion” to ovetcome the threat of Coronavirus in the country. He said this while he was interacting with the people of his Lok Sabha constituency — Varanasi — via video conference on Wednesday, 25th March 2020.“Whoever has the capability, take the pledge to take care of 9 families for 21 days. It will be a true ‘Navratri’. Due to the lockdown, animals are also facing trouble. I appeal to the people to take care of the animals around them,” said Prime Minister Modi. (Read the full article here).

By saying what he has today, PM Modi has only reiterated the importance of being a Compassionate Citizen of the Country, which is a Fundamental duty of every Indian Citizen as per the Indian Constitution, as well.

Please watch full video of his address below. He says the above between 25 minutes to 26.30 minutes in his address🙏

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To all those of you who are being harassed by their neighbourhood for tending to animals….

Please remember that for the animals, if not for yourself, you need to be strong and fight this out.

While you can approach local animal welfare organisations or animal activists, but in the end, it is a fight you will have to fight on your own, for yourself and the animals you care for…

  • If talking to people and explaining them the below mentioned laws and constitutional provisions doesn’t help, then, whether you like it or you don’t, you need to approach the Police and file an F.I.R or Police Complaint against all the people who are harassing you, abusing you, threatening to kill/harm you/your property and the dogs/other animals you care for.
  • Be sure to mention full names and addresses of all the people who are harassing you and give complete true account of the matter, without exaggerating facts – take help of the points stated below to put your grievances and facts across and mention why you are seeking help from the Police and reporting this matter.
  • There is no law that prohibits feeding of street animals, and citizens who choose to do so are in fact performing a duty cast upon them by the Constitution of India. Persons, who are trying to interfere with their effort, or display aggression, can be held liable for having committed the offense described in the Indian Penal Code and criminal intimidation.
  • Moreover, as per Indian law, street dogs cannot be beaten or driven away. They can merely be sterilized in the manner envisaged in the Animal Birth Control (Dogs) Rules, 2001(Rules under Indian Prevention of Cruelty to Animals Act (PCA), 1960), vaccinated, and then returned back to their original locations.
  • If your municipality is not doing the same, you can file a Police Complaint or FIR against the local Municipal Corporation for flouting the laws and rules mentioned above, which need to be complied with throughout the country, as PCA Act is a Central Act, i.e. it is applicable across the country and the local Police has been mandated with the responsibility of enforcing this act and reporting/booking violations/offenders.

Constitutional provisions:

  • 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 (Article 51 A (g) of the Indian Constitution). Those who look after animals and other creatures of God are thus protected under the Constitution.

 

  • Article 19 of the Constitution of India, deals with right to freedom and in this freedom are included 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.

Legal provisions:

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 individuals and families who adopt and feed stray animals. 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 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 programme. The Court has proceeded to say that the local police and the municipal authorities are under obligation not only to encourage such adoption but also to ensure protection to 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, finally, the Court has said that every individual has the right to live his life in the manner he wants and it is necessary that the society and the community recognize it.

  • If you are a woman/girl who is being abused/harassed/threatened by neighbours/people around for being kind to animals, please also note that you can lodge F.I.Rs against these people Under Section 509 of Indian Penal Code (U/S 509 of IPC) – which is a cognizable offence.
  • Under the Govt. of India, Animal Birth Control Rules 2001 (drafted under the Indian Prevention of Cruelty to Animals Act 1960), no sterilized dogs can be relocated from their area. As per five different High Court orders, sterilized dogs have to remain in their original areas. If the dog is not sterilized, the Society can simply ask an animal welfare organization to sterilize and vaccinate the dog. They cannot relocate them. Relocation is not permissible, as it would cause more problems such as an increase in dog bites as new dogs will move into the area who are unfamiliar with residents and therefore more likely to be hostile. All problems of stray animals have to be handled within the institutional framework available. No association, recognized or unrecognized, shall take recourse to any action regarding stray animals on their own, either themselves or through any person employed by them like security guards. While residents and Associations are free to address institutional agencies for redressal of grievances in this matter, no resident/association will interfere with the freedom of other residents in caring and attending animals.
  • Section 11 of The Prevention of Cruelty to Animals Act, 1960 forbids the displacement of Animals from its natural environment into an environment that is hostile to it, where the animal may be injured/hurt/maimed or killed due to lack of food or fights with other animals. Also, please remember that Prevention of Cruelty to Animals Act 1960 is a Central Act, i.e. it is applicable throughout the country and the powers to enforce this law have been given to the Local Police.
  • Additionally, Section 429 of the Indian Penal Code also provides for imprisonment and fine, in cases involving animal cruelty. Section 429 in The Indian Penal Code, 1860, a Central Government Act, reads as follows:

“Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees.– Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, of any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment or either description for a term which may extend to five years, or with fine, or with both.”

Following are some of the self-explanatory documents that one can look up and refer to:

1. A 2 page circular issued by the Ministry of Personnel, Public Grievances, and Training, on the aspect of street animal feeding and prohibits central government employees from harassing street dogs or those feeding/looking after them.

https://jaagrutiindia.files.wordpress.com/2010/04/public-grievances-circular-pg-1.jpg

https://jaagrutiindia.files.wordpress.com/2010/04/public-grievances-circular-pg-2.jpg

2. The Animal Birth Control (Dogs) Rules, 2001.

https://jaagrutiindia.files.wordpress.com/2010/04/the-animal-birth-control-dogs-rules-2001.pdf

3. A directive issued by the Animal Welfare Board of India, constituted by the Ministry of Environment and Forests- provides immunity to animal feeders and restricts RWAs from harassing people tending to dogs.

https://jaagrutiindia.files.wordpress.com/2010/04/awbi-direction.pdf

4. M.C.D. (Municipal Corporation of Delhi) notification, showing the approach of the M.C.D. with regard to street animals, which is based on the law of the land.

https://jaagrutiindia.files.wordpress.com/2010/04/mcd-notices-toi-march-2009.jpg

5. A Times of India news report regarding a Delhi High Court direction to the police to protect persons who feed stray dogs.

https://jaagrutiindia.files.wordpress.com/2010/04/times-of-india-article-on-feeding.pdf

6. A Hindustan Times news report regarding the view taken by the Supreme Court regarding stray dogs.

https://jaagrutiindia.files.wordpress.com/2010/04/ht-article-24th-jan-supreme-court-stays-bombay-high-court-order.jpg

7. An order passed by the Additional Chief Metropolitan Magistrate, Delhi https://jaagrutiindia.files.wordpress.com/2010/04/addln-chief-metropolitan-magistrates-order-on-street-dogs-of-india.pdf

8. A Dossier of Indian Street Dog related laws and court rulings – https://jaagrutiindia.files.wordpress.com/2013/03/a-dossier-of-indian-street-dog-related-laws-and-court-rulings.pdf and Copies of other court judgments can be downloaded from http://www.strays.in/index.php/legal-precedence-faqs-judgements-court-cases-drafts/

9. Reporting a crime and lodging an F.I.R or Police Complaint-

https://jaagruti.org/2013/12/13/reporting-a-crime-all-about-lodging-an-f-i-r-with-the-police/

If you want awareness workshops held in your company or Institution on the subject of animal laws and welfare, for audience in any age-group, please write to us on contact@jaagruti.org

Do’s and Dont’s of behaving with and around street dogs

Often, on our helpline, blog comments section, we get a lot of queries on how should people be behaving around street dogs so as to not provoke them or get bitten…while we do share what we know over those forums, we deem it appropriate and relevant to share with all of you the below images are scans of leaflets produced and published by WSPA India that have illustrations on the Do’s and Dont’s of behaving with and around street dogs to prevent unfortunate instances of the dogs biting any one…please share them widely, download and print these to distribute and educate fellow friends and neighbours on the subject, should you ever feel the need.

Note: We at Jaagruti extend our gratitude to WSPA India for this effort of theirs in producing these educational flyers and give them all copyright credit for the illustrations and text below 

How to behave with a street dog_courtesy WSPA India (1) How to behave with a street dog_courtesy WSPA India (2) How to behave with a street dog_courtesy WSPA India (3) How to behave with a street dog_courtesy WSPA India (4)

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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.

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Do-it-Yourself (DIY) Series-4: A Dossier of Indian Street Dog related laws and court rulings- Read, Print and Share widely

To all those who feed and take care of their neighbourhood street dogs in India, we have one request. Don’t feel weak. The laws are on your side and also in favour of the street dogs you care for.

In this post, we are sharing with you one comprehensive document that compiles all the laws, news-clippings and court orders/rulings, pertaining to street dogs

Please download this document by clicking here: A Dossier of Indian Street Dog related laws and court rulings

Save it, take print-outs and read it well.

These are updated laws, rules, orders pertaining to DOGS, their feeding and other rights. Most dog lovers don’t bother to read them and end up getting harassed while the law is strong and clear. Please keep a copy ready and if possible submit one copy in your local police station and the RWA, so unfortunate encounters can be averted beforehand. 

A point wise synopsis is also written in the beginning of this document.

We thank Citizens for Animal Rights for their effort in compiling this document and sharing the same with us. By posting it here, we are sharing it further and hope you all will share it widely too and feel empowered.

Remember: Your responsibility however doesn’t end with just feeding them, please also ensure that these dogs you care for are sterilized and vaccinated…since you are friendly with them, can touch them, it is much easier for you to collaborate with the NGO run Animal Hospital (that runs the local Municipality supported ‘Animal Birth Control’ Programme for street dogs) near your home to help undertake the sterilization of these dogs, it is just a one time exercise and will prevent you the agony of seeing pups dying (of illnesses and car accidents) in front of your eyes ever so frequently.

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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.
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Can’t remove Pets or harass those who feed street animals, Municipal Corporation of Gurgaon tells RWAs

In the recent past, the Helpline at Jaagruti has received many calls from a lot of street dog lovers/pet owners in Gurgaon on the subject of their respective Resident Welfare Associations (RWAs) barring them from keeping pets or feeding street dogs or fining them etc., and we have directed them to take a stance against their respective RWAs taking inspiration from the content posted on this article of ours.

Taking notice of many such animal lovers rising up in unison, the Municipal Corporation of Gurgaon has taken an informed proactive stance on the matter and dispatched a stern letter to all such RWA office bearers on the adamance, arrogance and above all IGNORANCE being shown by their respective RWA office bearers on this subject, by coming out with warnings and society bye-laws that are in strict contravention to all the national laws.

We appreciate the position taken by Municipal Corporation of Gurgaon on this subject.

To all of these concerned compassionate people worried about the street animals and the pets they love, feed and take care off, the recent news in the Times of India comes as a welcome relief. Please read on.

Can’t remove Pets, Municipal Corporation of Gurgaon to RWAs

By Aditya Dev, TNN, 6th Nov 2012

GURGAON: Even as the management bodies of residential societies are making their own rules for keeping pets, the Municipal Corporation of Gurgaon (MCG) has written to various residents’ welfare associations warning them not to formulate rules and regulations regarding pets and that any such move is in conflict with the law. Such a move may lead to dissolution of the RWA and prosecution of its office bearers, says the letter.

The managing committee Kanchunjunga Cooperative Group Housing Society in Sector 56 had last year imposed a ban on its residents keeping pets. The Close North (Nirvana Country) management also recently banned flat owners from using elevators to take out pets and instructed them to use service elevators instead.

The corporation sent letters to RWAs this February following incidents of cruelty against animals by RWAs, their office bearers and residents were reported. It also came to light that a few RWAs attempted to prevent pet ownership through stipulations in terms of their rental or ownership agreement, threatening pet owners with electricity and water cut offs.

If any rule laid down by anybody is in conflict with the law of the urban local body, state body or central body it is automatically superseded and rendered null and void. The letter says that an RWA threatening discontinuation of basic facilities is illegal.

It is illegal to remove animals from the area through security guards employed by RWAs. Nor can they intimidate residents who may be feeding those animals. Under stray dog management rules 2001, it’s illegal for an individual, RWA or estate management to remove or relocate dogs. The dogs have to be sterilized and vaccinated and returned to the same area. Vaccinated and sterilized dogs cannot be removed by the municipality too.

Under Section 506 of the IPC, it’s a crime to threaten, abuse or harass neighbours who feed animals.

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“Feeding stray dogs is not a crime”: Mumbai Court clears duo arrested, humiliated for feeding dogs

Today’s Mumbai  Mirror reports this heartening news, as reported by their correspondent Yogesh Sadhwani:

Court clears duo arrested, humiliated for feeding dogs

Sanjeev Dighe (pictured) and Yatin Mhatre were paraded around, ostensibly to show other residents what happened to people who fed strays (Courtesy Mumbai Mirror_2nd April 2012)

Two animal lovers from Thane, who were arrested and humiliated two years ago after a stray dog they used to feed allegedly bit a resident, have finally been acquitted, with a magistrate court ruling that feeding strays was not a crime.

The order provides welcome relief for animal lovers in the city, many of whom are pulled up by their housing societies for taking care of strays. Only recently, well-known director Partho Ghosh had a quarrel with his society management when he was fined Rs 1000 in his maintenance bill for feeding two stray dogs. His family, incidentally, had been taking care of them since they were pups.

This order is only the first victory for Sanjeev Dighe and Yatin Mhatre, who are fighting a separate case in High Court against the State and the police for handcuffing them and parading them around their society. In this, they are being represented by Mahesh Jethmalani and have the backing of, among others, Maneka Gandhi.

For Dighe, a commercial artist, and Mhatre – both residents of Lok Puram complex in Thane – the nightmare started on September 20, 2009. The duo had been feeding strays in their locality for several years, something that had led to many altercations with society members. Dighe says the residents believed this would lead to an increase in the stray dog population in the area.

That night, Dighe was getting ready to go out and feed the strays around 10.45 pm when a posse of cops arrived in a private vehicle and asked him to accompany them to Vartak Nagar Police Station. Mhatre accompanied him there, and a few hours later, the duo were booked under Section 289 of the Indian Penal Code, which deals with animals in a particular person’s care attacking someone.

The next morning, both were handcuffed and taken to their society, where they were paraded around, ostensibly to show other residents what happened to people who fed strays. They were then taken to a holiday court, which released them on bail.

In a recent order, Jaishree Poonawala, judicial magistrate first class, remarked that “feeding stray dogs is not a crime”, adding that strays were not the same as pets and certainly not the sole responsibility of those who feed them.

“After our arrest, Maneka Gandhi personally got involved and helped us file the petition in HC through Mahesh Jethmalani,” said Dighe.

This order itself has come as a huge relief to Mhatre and Dighe. “Finally justice has prevailed. Several people like me are often victimised by residents who do not like others feeding strays. We hope this order will help others like us,” said Dighe.

Ajay Marathe, a noted animal rights activist, pointed out that incidents of animal lovers being victimised were common in Mumbai. “Those who feed dogs in their area are treated badly. Most residents are against such feeding and come up with random rules to stop them,” said Marathe.

RK Joshi, convener of Committee to Monitor Animal Welfare Laws in Maharashtra, has recently written to the BMC commissioner highlighting the issue of societies trying to get rid of stray dogs.

He has pointed out that years after Bombay High Court laid down the guidelines for dealing with stray dogs – the HC has put an emphasis on animal birth control and sterilisation – people continued to harass dogs and animal lovers.

“There is growing tendency in housing societies not to permit stray dogs on the society premises or even in the vicinity. There have been instances when dogs are brutally assaulted by the society members or the watchmen,” the letter states, adding that instances of animal lovers being assaulted were common.

The letter urges the commissioner, who is also the chairman of the Monitoring Committee, to urgently look at these issues and ensure that animal lovers and dogs were not harassed.

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Ms. Anjali Sharma, Advocate and Legal Advisor to the Animal Welfare Board of India, says that what is extremely significant is this part: “In a recent order, Jaishree Poonawala, judicial magistrate first class, remarked that “feeding stray dogs is not a crime”, adding that strays were not the same as pets and certainly not the sole responsibility of those who feed them.”

This is, as Ms. Sharma explains, because these men had been arrested under Section 289 of the Indian Penal Code – ‘negligent conduct with respect to an animal’, after a stray they were feeding bit a resident of the locality. Section 289 applies to pet dogs, but there has been an increasing attempt on the part of many, including police, R.W.A.s, etc. to bring feeding of strays, and any aggression the strays may show if provoked, within the ambit of this Section.