JUDGEMENT

SANJEEV NARULA, J.

CM APPL. 32594/2023(under Section 151 of the Code of Civil Procedure, 1908 on behalf of Petitioners seeking interim relief)

1. The instant petition calls into question the constitutional validity of Rules 3, 5, 6, and 8 of the Animal Birth Control Rules, 2023 promulgated by the Ministry of Fisheries, Animal Husbandry and Dairying, Government of Signature Not Verified Digitally Signed W.P.(C) 7933/2023 Page 1 of 12 India [“ABC Rules, 2023”]. The bone of contention, as set forth by the Petitioners, is the purportedly arbitrary exclusion of veterinary doctors and officers from the process of animal birth control, including immunization and vaccination of animals.

2. While the primary challenge to the ABC Rules, 2023 remains under deliberation, the Petitioners, in the interim, have put forth a prayer for immediate redressal. They urge the Court to consider them as eligible contenders in any tenders launched under the aegis of the animal birth control programme(s), and seek directions compelling the Municipal Corporation of Delhi [“MCD”] to grant them the authority to execute sterilization and immunization of stray dogs, in a manner analogous to NGOs and Animal Welfare Organisations [“AWOs”], as currently outlined in the ABC Rules, 2023.

The background

3. To understand the Petitioners’ predicament, it would be apposite to briefly trace the legislative background to the ABC Rules, 2023:

3.1. Under the authority vested by Section 38 of the Prevention of Cruelty to Animals Act, 1960, the Ministry of Culture, Government of India, introduced the Animal Birth Control (Dogs) Rules in 2001 [“2001 Rules”]. These Rules inter alia enabled AWOs, private individuals, and designated local authorities to sterilize and immunize street dogs.

3.2. On account of laxity in implementation of the 2001 Rules and maltreatment of stray dogs in various States, certain proceedings were initiated before the Supreme Court in Animal Welfare Board of India v.

Signature Not Verified Digitally Signed W.P.(C) 7933/2023 Page 2 of 12 People for Elimination of Stray Troubles and Ors and connected matters.1 In the said cases, several directives were issued to the State Governments to formulate appropriate measures for execution of duties of the local authorities under the Prevention of Cruelty to Animals Act as well as 2001 Rules. As a result of the Court’s directions, a “Module for Street Dog Population Management, Rabies Eradication, Reducing Man-Dog Conflict” [“the Module”], was framed by the Animal Welfare Board of India [“AWBI”] to ensure sterilization and immunization of stray and street dogs. On 04th October, 2016, the Supreme Court afforded time to the Governmental bodies to examine the afore-mentioned module and bring forth appropriate suggestions or objections. This laid the groundwork for conception and subsequent promulgation of the ABC Rules, 2023, which aim at fulfilling the vision and mandate articulated by the Module.

3.3. In light of the suggestions received, on 18th August, 2020, the AWBI issued a communication to all District Magistrates to ensure adequate infrastructure, logistical arrangements, and trained personnel in the implementing agencies for effective administration of the animal birth control programme. As per this advisory, local bodies were precluded from engaging the services of individual veterinarians or agencies/ organizations other than recognized AWOs for the programme.

3.4. Exercising their powers under the Prevention of Cruelty to Animals Act and to overcome the lacunae in the existing regime, the draft Animal Birth Control Rules, 2022 were released in the Gazette of India, calling for suggestions and objections from the relevant stakeholders. After deliberating on the recommendations received from the public, the ABC Rules, 2023

1 SLP (C) No. 691/2009 and connected matters.

Signature Not Verified Digitally Signed W.P.(C) 7933/2023 Page 3 of 12 were notified on 10th March, 2023.

The ABC Rules, 2023

4. Let us now exam