The Delhi High Court has issued a notice to the Animal Welfare Board of India (AWBI) and other authorities in a plea by a senior citizen woman seeking a direction to allow her to feed and take care of stray dogs and cats. It is claimed that she has been stopped from feeding dogs and cats. Justice Subramonium Prasad issued notice to AWBI, Delhi Police, MCD and Pragati Vihar Hostel RWA on Monday.
The court has listed May 25 for further hearings. Petitioner Mala Tuli, a retired teacher, has filed a petition through advocates Nirbhay Kumar, Nishant Mandal abhay and Divya Jaiswal.
The petitioner has sought directions from the respondents, thereby allowing her to feed and take care of the animals, especially dogs and cats, in the locality of her residence. She has also sought directions from the respondents to declare the necessary feeding spot in the residential areas and constitute Animal Welfare Boards at RWA level so that animals are properly fed and taken care of without any hindrance to the petitioner or causing any hindrance to any of the respondents.
It is stated that the petitioner has been feeding dogs since 16 years in and around her residence close to Pragati Vihar hostel on an individual basis without any support from anyone an NGO, etc. The petitioner has been facing a bit of an issue while feeding the stray dogs around her place of residence for many years. However, it is only recently that much obstruction has started coming in from the local RWA and security guards, who are not even aware of the basic laws pertaining to animals and they have an attitude of hatred and negligence towards the stray dogs, the plea stated.
It is stated that the petitioner is now being stopped from feeding the dogs and has been mentally harassed for months now to stop feeding the dogs and cats in the area, which she looks upon as a service to God and has been doing so since 16 years without support from anyone or any NGO from her personal expenses and is deeply committed to the same. She has even sterilised more than 70 dogs to control their population. The Central government residents and RWA of Pragati Vihar Hostel claim that no stray dogs should be fed in the area and have created their own unsaid rules and continue to enforce the same by pressurising the local security guards to drive away the stray dogs by hitting with a thick stick (danda) and stop anyone from feeding the dogs, the petitioner claimed.
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Tuli has submitted that she made complaints to the local Lodhi Road police station, narrating her trouble. She also filed a to the authorities but action has been taken. The plea also mentioned that on Febraury 24, 2021, the Delhi High Court had dealt with a similar issue as raised in this present petition, whereby some directions involving AWBI, concerned RWA, SHO of the area were issued to ascertain an adequate feeding spot so that not any hindrance is caused to feeding of dogs.
It is also said that on March 3, 2021, a letter issued by Animal Welfare Department of India to the Chief Secretaries of States and Commissioner of Police, Delhi, advised identifying a sufficient number of feeding spots for stray dogs in every district and properly implementing the revised AWBI guidelines on pet and street dogs. By way of a judgement dated June 24, 2021, the Hon’ble High Court of Delhi issued elaborate guidelines specifically indicating that it was the duty of RWAs to ensure that every community dog in every area has access to food and water in the absence of caregivers or community dog feeders in the area and also that every RWA shall have an Animal Welfare Committee.
It is submitted that despite the existence of such orders and elaborate guidelines, the local police and concerned respondents have utterly failed to protect the right of the petitioner to feed and take care of the dogs. The petitioner said that she has been deprived of her fundamental right to feed the dogs and take care of them, thereby impinging upon Article 21 of the Constitution of India.
It is also said that the erring action by local RWA is in clear violation of the existent law, such as Prevention of Cruelty to Animals Act and rules. Article 21 of the Constitution of India provides basic rights to the speechless animals as well who are entitled to food, water and basic medical care and depriving a citizen from doing so in clearly violative of the rights and more so that it has been held in a catena of judgements even by Hon’ble Supreme Court that these animals ought to be treated with compassion, the petition stated.
