The Rajasthan High Court on Monday (August 11) directed municipal bodies to remove stray dogs and other animals from city roads while ensuring that minimum physical harm is caused to them.
The court further said that if anyone obstructs the municipal bodies from removing stray animals from the roads/colonies/public paths, then Municipal officials/employees are at liberty to take action against such persons which includes lodging FIRs for obstructing public servants from performing their duties.
The court passed the direction in a suo moto plea wherein the court had earlier taken cognizance of the dog bite incidents in the state and the menace of stray animals on public roads and highways causing multiple deaths. Notably, earlier today the Supreme Court had directed the authorities in the National Capital Territory of Delhi to immediately start picking up stray dogs from all localities and shift them to dog shelters. The directions also extend to Noida, Gurugram and Ghaziabad.
A division bench of Justice Kuldeep Mathur and Justice Ravi Chirania while issuing a slew of directions said:
“the Municipal bodies shall also undertake a special drive to remove stray dogs and other animals from city roads while ensuring that minimum physical harm is caused to them. If an individual or a group of persons obstruct the employees of Municipalities from discharging their duties in removing the stray animals from the roads/colonies/public paths, then Municipal Officials/employees will be free to take appropriate action against them under the relevant Municipal Laws including lodging of the FIRs for obstructing public servants from performing their duties“
The court said it expects Municipal Corporations to notify telephone/mobile number/e-mail ID where citizens/residents of that area can lodged their complaints with regard to stray animals.
“We expect from the general public that if due to their sentiments or religious believes or for love towards the animals, they want to feed them or offer food or take care of them, then they shall perform such activities at dog shelters and cattle ponds/ Gaushalas maintained by the Municipalities or private individual/organization,” the court added.
It directed Municipal Corporation of Jodhpur to take immediate steps in respect of premises of the All India Institute of Medical Sciences, Jodhpur and the District Court premises, Jodhpur where every day, a large number of people come for their treatment/work to ensure that stray animals are removed from their premises on priority basis.
It further directed National Highways Authority and the State Highways Authority to regularly patrol highways for removal of the stray animals from the roads and to ensure free vehicular movements on Highways.
The court directed AAG appearing for the State to file detailed report on condition and maintenance of dog shelters and cattle ponds/Gaushalas by the Municipal Corporations.
This should also include the number of manpower available with each Municipal Corporation to undertake the task of removal of stray animals from the roads, and the doctors and supporting staff appointed by the dog shelters and cattle ponds/Gaushalas to take care of the animals.
During the hearing, the amicus curiae submitted that, “due to sheer negligence and non-performance of the duties by the authorities concerned, the incidents of assault and biting by the stray animals have increased manifolds and this is not only naturally causing danger to human life in State but it is also spoiling the image of the State which gathers tourists from not only the entire country but also from various countries across the globe”.
In this light, 2-week time was sought by the Amicus Curiae to submit suggestions and to file reply to the writ petition.
However, all the counsel appearing in this matter, were in an agreement that till the next date of hearing, certain directions are required to be issued in the instant matter such as, removal of stray animals and maintaining proper conditions of dog shelters and cattle ponds/Gaushalas by the Municipalities.
The matter is next listed on September 8.
