IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
G.S. SANDHAWALIA, ACJ., LAPITA BANERJI, J.
Bathinda Association of NGOs (Regd) – Petitioner
Versus
State of Punjab & Ors. – Respondents
CIVIL WRIT PETITION (PIL) NO. 23 of 2018 (O&M)
Decided On : 23-04-2024
JUDGMENT
Mr. G.S. Sandhawalia, ACJ. (Oral)
Prayer in the writ petition is for issuance of a direction to the respondent authorities to keep the cities/villages and roads free from the stray cattle and to ensure free and smooth flow of the traffic on the roads. Resultantly, a prayer is made that respondent-authorities be directed to keep the stray cattle in Gaushalas, Gausadans and shelter homes run by the State Government for housing cows and their progeny. Compulsory vaccination upon the stray animal has also been prayed for.
2. The writ petition by way of Public Interest Litigation was filed in the year 2018. The written statement filed by respondent No.4 would go on to show that there are total 457 Gaushalas/cattle pounds being run by the State of Punjab and a sum of Rs. 22.85 crores have been paid by the Department of Animal Husbandry i.e. Rs. 5 lacs per Gaushala. Various steps including creation of separate corpus, setting up of Gaushalas and cattle ponds and carrying out of awareness drives among the residents are stated to have been taken by the State of Punjab. 10 Municipal Corporations and 143 Municipal Councils/Nagar Panchayats have issued notification regarding levy of cow cess and three Municipal Corporations and seven Municipal Councils/Nagar Panchayats are yet to issue the said notification. Regarding the measures of birth control in stray dogs, Animal Birth Control (ABC) programme is being carrying out and Urban Local Bodies Department has sterilized about 1,22,360 dogs and the estimated expenditure on this was approximately Rs. 9.50 crores.
3. Municipal Corporation, Ludhiana has set up an Animal Birth Control Centre for speeding up sterilization drives of stray animals and Municipal Corporation, Amritsar is also setting up an Animal Birth Control Centre. The Punjab Municipal Corporation and Municipal (Registration, proper control of stray animals and compensation to the victims of animal attack) Bye-laws, 2020 have also been notified vide Annexure R-1. A policy under the Punjab Compensation to the victims of Animal Attacks or Accidents Policy, 2023 has been also made applicable in the State of Punjab to provide comprehensive mechanism to give compensation to the victims of accidents/deaths on account of stray animal. An amount of Rs. 5 lacs towards compensation on account of death and Rs. 2 lacs towards permanent disability caused by stray animal has been fixed by the State Government vide policy Annexure R-2.
4. It has also been mentioned in the reply that various advisories/instructions have been issued to all the Commissioners in the Municipal Corporations in Punjab regarding tying up of reflective radium bands upon the stray animal in a time bound manner as per the directions issued by the Punjab State Road Safety Council vide letter dated 12.03.2021 (Annexure R-3). Similarly, vide letter dated 16.03.2021 (Annexure R-4) instructions have been issued to all the Commissioners in Municipal Corporations and the authorities regarding identification of sufficient number of feeding spots for stray dogs in every district and to properly implement the revised guidelines dated 26.02.2015 with regard to pet dogs and street dogs. Further vide letter dated 21.05.2021 (Annexure R-5) instructions have been issued to implement the guidelines with respect to pet and street dogs. Even Resident's Welfare Associations and Apartment Owners Associations have also been issued instructions to initiate necessary action for rescue and rehabilitation of stray animal as per the provisions of the Prevention of Cruelty to Animals Act, 1960 and the Municipal Bye-Laws.
5. Mr. Khurana, Additional Advocate General, Punjab has also brought to our notice the additional affidavit dated 22.09.2023 filed by respondent No.5 wherein it is mentioned that to avoid dangerous diseases, which can spread to human beings, vaccination upon stray animals is also kept under watch. The Infected and Controlled Area wise notification has been issued for taking
The court affirmed that the objectives of the Public Interest Litigation regarding stray animals were achieved through the State's actions, necessitating ongoing management and proactive measures.
Constitutional protection of human life and safety under Article 21 takes precedence over the unhindered presence of stray animals in restricted institutional spaces. Statutory management rules do no....
Human life prevails over animal rights; authorities must enforce ABC Rules and cruelty provisions to control stray dogs, balancing public safety with humane treatment, while establishing interim comp....
Menace of stray dogs – Before any direction for impounding entire stray dog population is given, it would be necessary to have a look at existing infrastructure and human resources available with mun....
The court affirmed the fundamental right to safety, emphasizing urgent measures against the stray dog menace, declaring existing regulations inadequate and mandating immediate action for public safet....
The court affirmed the rights of community dogs under the Prevention of Cruelty to Animals Act and mandated designated feeding zones to balance the rights of animals and residents.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.