O R D E R

Per : Justice Vivek Rusia Signature Not Verified

226 of the Constitution of India in the nature of Public Interest Litigation seeking directions for the effective implementation of the Prevention of Cruelty to Animals Act, 1960 and the Animal Birth Control (Dogs) Rules of 2001 and 2023, and for comprehensive census of stray and pet dogs, introduction of a digital pet registration system and establishment of adequate shelter homes for stray dogs.

02. These writ petitioner were heard analogously as they raise common issues concerning the rising incidents of dog bites, alleged inefficiencies in sterilization and vaccination programmes, lack of a proper census of stray dogs, and the absence of public awareness campaigns regarding the humane treatment of community and stray dogs.

FACTS OF THE CASE

03. Petitioner – Vandana Jain (W.P. No.21831 of 2023), being an animal welfare activist and founder of the “Dogitization” initiative claims that she has dedicated her past six years in stray dog management, public awareness and strategic interventions in Indore. By focusing on 100% sterilization and vaccination of community dogs, conducting public awareness programs and training local police on handling animal cruelty cases, she claims to have achieved a zero dog bite model in Old Palasia where she resides. According to her, if same model is applied in entire Indore by IMC then there will be no case of dog bites.

3.1. Mr. Mahesh Garg, a former Municipal Corporator claims that he is a social worker with over 73 years of engagement in public interest issues, has contributed through his involvement in multiple PILs on civic matters and has held prominent social leadership positions, including Trustee of Signature Not Verified

3.2. It is the case of the petitioners that despite existing legal mandates, the Indore Municipal Corporation (IMC) and other responsible authorities have failed to discharge their statutory obligations, leading to escalation in risk to public safety and a lack of effective stray dog population management. They submit that dog bite incidents have been increasing at an alarming rate, contradicting the respondents’ claims of conducting extensive sterilization and vaccination programs. They further allege that no proper census of stray dogs has been conducted, which is crucial for implementing any scientific, structured and effective sterilization program. 3.3. Additionally, the petitioners also submit that no significant public awareness campaigns have been undertaken by the municipal authorities, despite clear mandates under the law. They submit that public misconceptions, fear and hostility towards stray animals continue to persist due to the failure of authorities to engage in proactive educational campaigns on coexisting with stray dogs.

3.4. Petitioner – Vandana Jain emphasizes the need for a humane and structured approach towards stray dogs, whereas petitioner Mahesh Garg, stresses the urgent necessity for policy interventions, creation of shelter homes and improved infrastructure to control stray dog-related issues.

SUBMISSIONS OF PETITIONERS

04. The petitioner is present in person and has also filed multiple rejoinders to the reply, comprehensive report and compliance reports of the respondents. The petitioner contends that the Indore Municipal Corporation (IMC) has failed to comply with Rule 9(4) of the Animal Birth Control (ABC) Rules, which mandates a comprehensive census of stray dogs.

Signature Not Verified conducted, making it impossible to determine the extent of the stray dog population or assess the effectiveness of sterilization programs. Without a structured approach, sterilization efforts remain arbitrary, violating Schedule II, Point 3(vi) of the ABC Rules and rendering dog population control measures ineffective.

4.2. The Petitioner has presented data which demonstrates a continuous rise in dog bite incidents despite increasing expenditure on sterilization. According to the data between 2016-17 and 202