J U D G M E N T

SANJEEV NARULA, J.

Facts and Contentions of Petitioner

1. The grievance at the heart of this Public Interest Litigation (PIL) finds its roots in the tragic loss experienced by the Petitioner – the untimely demise of his cherished adopted pet dog to the Canine Distemper Virus, hereinafter “CD virus”, in 2019. Petitioner avers that the attending veterinarian failed to timely diagnose the affliction of the deadly virus. Petitioner’s distress was exacerbated when he found that Delhi lacks dedicated animal cremation facilities compelling him to cremate his pet in a crematorium at Chhatarpur, New Delhi, managed by PAWS Pet Animal Welfare Society (Regd.) on payment of charges of Rs. 3000/-. He urges that absence of essential vaccines like Canine DHPPi Vaccine (Distemper Combined 9-in-1 Vaccine), hereinafter “Canine DHPPi Vaccine” exhibits a glaring deficit in modern infrastructure for animal treatment in Delhi, which underscores urgent need for Court’s intervention. Despite Petitioner's proactive efforts in reaching out to the Respondents i.e., GNCTD, MCD and NDMC, for provisioning the aforementioned vaccine and modernization of veterinary hospitals, his pleas remain unacknowledged.

2. The Petitioner highlights the menace posed by both, the CD virus as well as Parvovirus, a contagious viral infection similar to CD virus. Despite awareness of the pressing situation, he argues that the government has not ensured ready availability of Canine DHPPi Vaccines, which is effective against both viruses, in its veterinary hospitals. Drawing parallel with widely- recognized Coronavirus, it is urged that the transmission method of the CD virus and Parvovirus among animals through inhalation and direct/ indirect contact, renders it alarmingly contagious. The virus affects different systems of the body while damaging the brain and immunity of the animals, and exhibits a high mortality rate.

3. Currently, the global community lacks a direct treatment for CD virus and Parvovirus, positioning prevention as the only shield. The Canine DHPPi Vaccine stands as the lone medically endorsed preventive measure. The Canine DHPPi Vaccine, counters the CD virus, as well as other viruses and seasonal diseases like Canine Hepatitis, Canine Adenovirus Type 2, Canine Parainfluenza (CPi), Canine Parvovirus Type 2b, Leptospira Canicola, and Leptospira. This demonstrates the wide benefits of this single life-saving vaccine. If administered within six weeks of birth, this vaccine significantly reduces the risk of dogs, cats, and other wild animals from contracting CD virus, Parvovirus and several other diseases. If an animal contracts CD virus after vaccination, timely and appropriate medical intervention can be lifesaving. Yet, Canine DHPPi Vaccines are not available in veterinary hospitals under GNCTD’s purview and are not sold at an affordable price in the open market. The Petitioner appeals to this Court to mandate the Respondents to maintain a consistent supply of this indispensable vaccine, alongside other crucial medications, to thwart the threat from CD virus, Parvovirus and other diseases. Emphasizing the need for immediate steps on vaccine availability, Petitioner also brings to the forefront the state of veterinary hospitals/ OPDs operated by the GNCTD. As far back as 2015, the Petitioner observed that these hospitals lacked basic facilities for X-Ray, blood tests, urine tests, or to trace roundworms, hookworms, etc. Additionally, it is argued that there is a gaping void in any form of health welfare policy aimed at these animals.

4. Petitioner strongly contends that Respondents have exhibited a lack of responsibility, showing inertia in deploying resources and establishing a basic healthcare system tailored for animals. In this regard, Petitioner also brings to this Court’s notice his prior endeavour in W.P.(C) No. 7840/2021, highlighting similar concerns, whereupon the Court directed the concerned authorities to regard his writ petition as a