The court established the need for balanced cooperation between animal welfare advocates and community safety, mandating a consensus-driven approach to identify suitable feeding spots for street dogs.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.

2. The Petitioners, who are three animal lovers, who give care to and feed the street dogs in Sector E Pocket 2, Vasant Kunj, New Delhi, have filed the present petition against the Residents Welfare Association (hereinafter referred as "RWA"), which, according to them, is creating hindrances in feeding the street dogs as also in taking care of them.

3. It is submitted by Mr. Chimni, ld. Counsel for the Petitioners that whenever the Petitioners are trying to feed the street dogs, enormous resistance is caused by the local residents. Ld. Counsel refers to the various complaints and messages, which have been exchanged between the parties.

4. Mr. S.K. Pandey, ld. Counsel appearing for Respondent No. 1 -RWA, however, submits that an order dated 18th December 2009, has been passed by a ld. Single Judge of this Court in W.P.(Crl.) 467/2009 titled Citizen for the welfare and protection of Animals and Anr. v. State and Anr., in respect of taking care of street dogs with consensus by both the parties. He submits that as per the said order, a specified spot is to be identified by the parties and in those identified sites, the street dogs are to be fed by the Petitioners.

5. Mr. Niraj Kumar, ld. Sr. Standing Counsel appearing for the Animal Welfare Board of India (hereinafter referred as "AWBI") submits that he does not have instructions in the matter yet.

6. The order dated 18th December 2009 passed in Citizen for the Welfare (1/2supra) reads:

"All the learned counsel appearing before me agree that in each colony of Delhi, AWBI should identify, in consultation with Residents Welfare Association, Area SHO and the Animal Welfare Organization working in that area, the spots/sites which in its opinion should be most suitable for the purpose of feeding dogs. The purpose of feeding dogs is to keep them confined to a particular place, so as to subject them to sterilization/vaccination/re-vaccination, as the vaccination does not last more than one year. To begin with, the Animal Welfare Board shall identify suitable sites in the colonies, subject matter of these petitions, within four weeks from today. It shall also try to cover as many more colonies as it can during that period. Gradually, such sites will be identified in other colonies/localities of the city."

"In the meantime, the Delhi Police will ensure that no harm is caused to the volunteers of Animal Welfare Organizations feeding dogs in these localities provided that they feed them only during hours to be specified by Animal Welfare Board and provided further that as soon as suitable sites for feeding the 41 dogs are identified, these organizations will feed dogs only on those identified sites and at hours specified by Animal Welfare Board."

7. A perusal of the above order shows that the court had clearly given directions to AWBI, in consultation with the RWAs, to identify suitable spots/sites in the colonies for the feeding of street dogs.

8. It, however, appears that there has been no consensus in identifying the suitable spot. The RWA appears to have been having apprehensions in view of the fact that children and senior residents also roam around in the open area of the block, for their own recreation. The circular dated 07th December, 2019, issued by the Resident Welfare Association, which is under challenge in this petition, reads as under:

"IMPORTANT CIRCULAR REG DOG
MENACE

Dated : 7th Dec 2019

All the residents are hereby informed that a meeting has been arranged to discuss the street dog menace and their patronization by the dog lovers of E2.

You are requested to gather at Gate No.1 at 10.30 AM tomorrow i.e. Sunday 8th Dec 2019 to have the views of the residents and the way to get rid of the menace of street dogs and their excreta. This menace has reached an alarming point because people fear to come out without a stick and many residents including children ha