( 1 ) AFTER hearing the learned Solicitor general of India, learned Advocate General for the State of Goa and various other Counsel on behalf of various parties, and after perusal of the provisions in the Constitution of India, the Animal Birth Control (Dog) rules, 2001, Action Plan for control of stray animal Menace (Monkeys, stray Dogs, stray cattle and Pigs) formulated by the Ministry of Environment and Forests of Government of India, we are clearly of the view to tackle the serious menace of stray dogs, we have to adopt a multi-pronged approach.

( 2 ) MR. Goolam Vahanvati, the learned Solicitor general of India, pointed out that the constitution of India under Article 51 -A (g) exhorts all citizens of this Country to have compassion for living creatures. Mr. Vahanvati also pointed out the preamble of the Prevention of Cruelty to Animals Act, 1960, which emphasises,

"to prevent the infliction of unnecessary pain or suffering on animals and for that purpose to amend the law relating to the prevention of cruelty to Animals. "

( 3 ) THE Animal Birth Control (Dogs) Rules, 2001 have been enacted under section 38 of the Prevention of Cruelty to Animals Act, 1960, with a scheme to reduce the dog population by sterlization and minimization of stray dogs by participation of animal welfare organisations, private individuals and local authorities. The scheme formulated under these Rules is not intended to jeopardize human lives but at the same time to treat animals with care, compassion and in a humane manner so as to achieve gradual reduction and stabilization in the population of stray dogs on a long term basis. Rules 9 and 10 of the aforesaid Animal Birth Control (Dogs) rules, 2001, provide for controlling and killing of incurably ill, mortally wounded and rabid dogs. Mr. Vahanvati, also pointed out from the experience all over the world that mass killing of dogs was not a solution at all.

( 4 ) IT was also brought to our notice that in the City of Mumbai, including Greater Mumbai, there is a very large stray dog population of about 6 lakh dogs. There is no organized manner in which rabid and furious dogs are being controlled. It was also pointed out that even the sterlization of dogs programme is not being implemented in an organized manner. It is unfortunate that a sum of Rs. 4/- Crores allotted by the Bombay Municipal Corporation for the year 2006-2007 for sterlization of dogs has lapsed, without a rupee being spent. We are informed for the year 2007-2008, the allocation by the Bombay Municipal Corporation for sterlization of Dogs is Rs. 9/- Crores. There is a dire necessity to provide Anti-rabies injections at a reasonable rate, as a large section of population cannot afford the prohibitively expensive injections available in the market.

( 5 ) UNDER the aforesaid facts and circumstances, we issue the following directions: a) The Chief Secretary of State of Maharashtra, shall identify on a top priority basis two plots of land, one beyond Dahisar and one beyond thane. The aforesaid plots should be atleast of an area of 25 acres each, on a barren government land, away from human settlement. The aforesaid two plots should be used for setting up of a large Dog Shelter Homes, one beyond Western Suburbs and another beyond eastern Suburbs. The said Dog Shelter Homes should have proper dog homes, veterinary Doctors to take care of the dogs and to carry out sterlization programmes, in an organized and effective manner. The State of Maharashtra to take the assistance of ayurvarta Prabodhini, who has filed Writ petition No. 3069 of 2007 in designing such dog homes and also the Animal Welfare Organization, which has effecitvely set up such a dog shelter at Jaipur. The main objective of setting up of two such big dog shelters is to shift a substantial number of stray dogs from the City of Mumbai in a phased manner. b) Municipal Commissioner of Greater Mumbai to immediately constitute a Monitoring Committee under Rule 4 of Animal Birth Control

Click Here to Read the rest of this document