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SC stays Bombay HC observation on adopting stray dogs for feeding them

“If there are no street dogs, there might be other consequences. There will always be conflict. We need to take care of both sides.”

The apex court was hearing petitions challenging the high court order which said no citizen of Nagpur and areas surrounding it shall feed or make any attempt to feed stray dogs in public places, gardens, etc. (file)
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THE SUPREME Court on Wednesday ordered an interim stay on a direction of the Nagpur bench of Bombay High Court that those who wanted to feed stray dogs should take them home or put them up in a shelter.

A bench of Justices Sanjiv Khanna and J K Maheshwari, which gave the Nagpur Municipal Corporation and Animal Welfare Board (AWB) time to file their responses, said that in the meanwhile no coercive steps be taken in pursuance of the high court order.

Hearing a plea by animal lovers against the high court ruling, the bench also asked the municipal corporation to take steps for the general public to feed the strays at appropriate locations demarcated by them. It said that until such locations are identified, it will be open to the municipal authorities to deal with any nuisance caused by street dogs in accordance with the law. It also asked the members of the general public who feed strays to ensure that no nuisance is caused.

Hearing the matter, Justice Khanna referred to the need for balancing competing interests and said, “If there are no street dogs, there might be other consequences. There will always be conflict. We need to take care of both sides.”

To a counsel who opposed the passing of the interim order, the court said: “To say that the stray dogs should be adopted or kept in captivity is not acceptable.” It added that there is also literature countering the argument that some strays become aggressive when fed.

The counsel, appearing for the AWB, told the bench that if the stray dogs are not fed, they will become more aggressive. The counsel said the problem would not happen if the guidelines already issued by the AWB on feeding the strays are followed.

The high court had in its order in October directed that “no citizen and no resident of Nagpur and areas surrounding it shall feed or make any attempt to feed the stray dogs in public places, gardens etc”.

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“We further direct the Municipal Commissioner of Nagpur Municipal Corporation to ensure that no such feeding at any place except the own homes of such persons shall be undertaken. If any person is interested in feeding stray dogs, he shall first adopt the stray dog/bitch, bring it to home, register it with municipal authorities or put it in some dogs shelter home and then showering his love and affection on it, may feed it while taking its personal care in all respect,” it said.

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