W.P.(C) 7933/2023 Page 1 of 12

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 19^th September, 2023

Pronounced on: 06^th October, 2023

+

W.P.(C) 7933/2023 & CM APPL. 30588/2023, CM APPL.

32595/2023, CM APPL. 41076/2023, CM APPL. 41077/2023

ANUBHAV KHAJURIA AND OTHERS

..... Petitioners

Through:

Mr. Siddharth Gupta, Mr. Abhikalp

Pratap

Singh,

Mr.

Lovekesh

Choudhary, Ms. Yamini Singh and

Ms. Avanit Arya, Advocates.

versus

UNION OF INDIA THROUGH MINISTRY OF FISHERIES,

ANIMAL HUSBANDRY AND DAIRYING

..... Respondent

Through:

Mr. Rajesh Gogna, CGSC with Ms.

Priya

Singh

and

Mr.

Vikram

Chandravanshi, Advocates for UOI.

Ms. Supriya Juneja, Ms. Esha Dutta

and Ms. Shaalini Agrawal, Advocates

for Impleader Gauri Manlekhi, C.M.

No. 41076/2023.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SANJEEV NARULA

JUDGEMENT

SANJEEV NARULA, J.

CM APPL. 32594/2023(under Section 151 of the Code of Civil Procedure,

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

Digitally Signed

By:SAPNA SETHI

Signing Date:09.10.2023

16:37:33

Signature Not Verified

W.P.(C) 7933/2023 Page 2 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.

Digitally Signed

By:SAPNA SETHI

Signing Date:09.10.2023

16:37:33

Signature Not Verified

W.P.(C) 7933/2023 Page 3 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 04^th October, 2016, the Supreme Court afforded time to the

Governmental bodies to exa