SC lifts stay on Delhi HC order on stray dogs’ right to food

Earlier on March 4, a division Bench of the SC had ordered an interim stay after the NGO – `Humane Foundation for People and Animals’– approached the court and sought its permission to file an SLP (Special Leave Petition) challenging the HC order.

Subsequently, an impleadment application was filed by advocate Prerna Singh seeking that the stay be lifted.

On Thursday, the SC in its order said, “It is understood that the parties to the suit settled the matter. Since it dealt with controversies arising between two private parties, the applicant seeking permission to file SLP has no locus standi. We, therefore, dispose of the petition and vacate the interim order dated 04.03.2022.”

THE CASE BEFORE HC

The HC order has come on a private dispute between two parties where one had urged the court to restrain the other side from feeding community dogs near the entrance or exit of the property mentioned in the plea before the court.

Deciding the matter, a single-judge bench of Justice J R Midha had said that animals have a right under law to be treated with compassion, respect and dignity. The High Court had also asked the Animal Welfare Board of India (AWBI) to designate areas in consultation with Resident Welfare Associations (RWAs) for feeding community dogs.

“Community dogs (stray/street dogs) have the right to food and citizens have the right to feed community dogs but in exercising this right, care and caution should be taken to ensure that it does not impinge upon the rights of others or cause any harm, hindrance, harassment and nuisance to other individuals or members of the society,” the HC had said.

The HC had also directed all law enforcement authorities to ensure that no harassment or hindrance is caused to the people feeding street dogs at the designated spots.

Issuing guidelines for the welfare of the community dogs, the court also constituted a committee for implementation of its order.