IN THE HIGH COURT OF DELHI AT NEW DELHI
XYZ, J
Pratima Devi v. Municipal Corporation
W. P. (C) No. 67 of 2023, C. M. Appl. No. 179 of 2023
| Table of Content |
|---|
| 1. joint meeting discusses management of stray dogs. (Para 1 , 2 , 3 , 10) |
| 2. court stresses need for compassion while managing stray dog issues. (Para 4 , 5 , 7 , 8) |
| 3. citations highlight state's responsibility in preventing stray dog incidents. (Para 6) |
| 4. court mandates formulation of rehabilitation policy for stray dogs. (Para 11 , 12 , 14) |
1. Pursuant to the directions passed by this Court vide the last order dated 25th March, 2025, this Court is informed that a joint meeting was conducted between the concerned officials of the Municipal Corporation of Delhi ("MCD"), Animal Welfare Board of India ("AWBI") and the representative of the petitioner.
2. A copy of the unsigned Minutes of the Meeting has been handed over to this Court, by learned counsel appearing for the AWBI, which is taken on record.
3. As per the said Minutes of the Meeting, it has been decided that after the dogs have been sterilized and vaccinated, they will be left back in the vicinity of the shelter, without relocating them.
4. This Court is of the view that leaving the dogs on the streets, after their vaccination and sterilization, is not the proper solution in the present matter, due to the large number of dogs involved in the present case.
5. This Court notes that various instances of dog bites by stray dogs have come forth, which are reported regularly in the newspapers, along with several petitions before this Court, wherein, instances of dog bites have been brought to the notice of this Court.
6. This Court in the case of Geeta Devi Versus Govt. of NCT of Delhi and Others, 2024 SCC OnLine Del. 7064, dealt with a writ petition which was filed seeking compensation of Rs. 50 Lacs, emanating from an unfortunate incident, wherein, a 5 - month - old infant child was fatally bitten by a stray dog which led to the death of the child. This Court, while dealing with the said case, observed numerous instances being dealt with by the High Courts all across the country, in relation to fatalities and injuries caused due to untoward incidents in relation to stray dogs. The said observations are reproduced as under:
xxxx xxxx xxxx
22. The stray dog menace and the responsibility of maintaining stray dogs in a safe condition is a subject - matter of various petitions across High Courts and the Supreme Court. Recently, the Supreme Court in Animal Welfare Board of India v. People for Elimination of Stray Troubles , while acknowledging the evolving legal landscape aimed at protecting animals from unnecessary pain and suffering, particularly canines, closed the various proceedings in light of the newly notified Animal Birth Control Rules, 2023. The court emphasised that the parties retain the right to seek remedies through appropriate legal forums if future circumstances so require. The court also observed that there is a stern prohibition against the indiscriminate killing of dogs, underscoring the fact that all authorities must strictly adhere to the letter and spirit of the prevailing legislation. Highlighting compassion as a fundamental constitutional value, the court reiterated the obligation of authorities to protect and care for all living beings while maintaining a balance between human lives and dogs.
xxxx xxxx xxxx
30. In Bhaiya Lal Gond case, a Division Bench of the High Court of Chhattisgarh was hearing four appeals by the State, challenging the compensation granted by the learned Single Judge for the death caused by rabies infection due to stray dog bites. The Division Bench, while allowing all appeals, modified the orders reducing the grant of Rs 10,00,000 to an ex gratia amount of Rs 6,50,000. The court held that despite all efforts of the State authorities to take due care and precaution, the unknown fear or illiteracy or casual approach by the general public allowed the accident to turn fatal.
31. In Vijay Das Manikpuri case also, the High Court of Chhattisgarh was considering another case, wherein, the petitioner sought compensation for the de
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.