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This is an archive article published on October 11, 2023

Non-inclusion of veterinarians in animal birth control programme not unjust: Delhi High Court

The interim order came in a pending petition by three veterinarians challenging the ABC Rules, 2023, which exclude registered veterinary doctors and officers from participating in the process of immunisation, vaccination and birth control of animals.

Non-inclusion of veterinarians in animal birth control programme not unjust: Delhi High CourtNon-inclusion of veterinarians in animal birth control programme not unjust, says Delhi High Court. (Representational image via Canva)
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Non-inclusion of veterinarians in animal birth control programme not unjust: Delhi High Court
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The Delhi High Court has said that Animal Birth Control (ABC) Rules, 2023, are framed to achieve better efficacy of the animal birth control programme and the differentiation between veterinarians and animal welfare organisations (AWO) for participation in such programmes is “purpose-driven, has rationale and is not arbitrary”.

In an interim order passed on October 6, a division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula clarified that any entity – a society, trust, cooperative society, gaushala, LLP, partnership, or a company, that is duly registered under the appropriate laws — can be considered as an animal welfare organisation under the ambit of ABC Rules, 2023.

The bench, however, emphasised that registration alone is not sufficient and such entities, desirous to partake in tenders of this nature, must also secure recognition from the Animal Welfare Board India, underscoring their commitment to AWBI’s standards and norms. Further, they must satisfy all additional criteria related to their credibility and experience, as set forth in the ABC Rules 2023, it added.

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The interim order came in a pending petition by three veterinarians — Dr Anubhav Khajuria, Dr Simranjeet Singh and Dr Naveen — challenging the ABC Rules, 2023, which exclude registered veterinary doctors and officers from participating in the process of immunisation, vaccination and birth control of animals.

The three veterinarians in the interim sought directions to the Municipal Corporation of Delhi (MCD) to grant them the authority to execute sterilisation and immunisation of stray dogs in a manner analogous to NGOs and AWOs under the Rules. The petitioners filed the application seeking relief to participate in MCD tender for sterilisation and immunisation of stray dogs at five of its centres, but the bench noted that the last date for bid submission has lapsed during the pendency of the plea.

The high cout further said the ABC rules do not outrightly prohibit veterinarian participation, instead, they advocate for a “formalised and structured approach” via the mechanism of “Project recognition” from the Animal Welfare Board of India.

The rules exclude registered veterinary doctors and officers from participating in the process of immunisation, vaccination and birth control of animals and only allow animal welfare organisations and local administrative bodies to carry out the same.

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