Through the law8217;s lips

The petitioner, an animal loving NGOs submitted what is called 8220;Comprehensive Guidelines for Dog Control and Management8221; accepted by the counsel for the Municipal Corporation.

The preamble states:
8220;The system of indiscriminate destruction of stray dogs to minimise the incidences of rabies and controlling their population has not succeeded. Hence, there is need to evolve more effective, result-oriented guidelines for dog control and management8230;8221;

The primary objective is 8220;to evolve means to control the population of dogs, to achieve its gradual reduction and stabilise the same on a long-term basis and thereby to control and reduce the incidences of rabies8230;8221;

Now, the guidelines:
8220;These guidelines will be applicable for stray dogs who shall be sterilised and immunised by active participation of animal welfare organisations, private individuals with adequate financial and infrastructural support from the Municipal Corporation of Greater Mumbai.8221;

8220;In the inevitable incidences where a rabid dog or a critically ill dog or a fatally injured dog needs to be put to sleep to alleviate its sufferings, the methodology for the same shall be in the line with these guidelines.8221;

The guidelines provide for creation of a Competent Authority or a monitoring committee for its implementation under the chairmanship of the deputy municipal commissioners and representative of the petitioner, Viniyog Parivar Trust, as the convener.

Their lordships laid down: 8220;Capturing of dogs will be based on a Specific complaints for which the Corporation shall set up a cell to receive complaints about dog nuisance, dog bites and information about rabid dogs and b General in the normal course of implementing these guidelines.

A specific complaint about nuisance of dog bites is to be attended on priority basis, 8220;irrespective of the area from which the complaint comes8230;8221; Details such as name of the complainant, complete address, date and time of complaint and its nature etc. is to be recorded in a permanent record.

Capturing for general purpose will be as per a time-table drawn by the committee which will be covering various parts of the city zone-wise.

States the judgement,8220;On receipt of specific complaint or capturing dogs in normal course, the dog squad will visit the concerned area, capture the dogs identified by the complainant in case of complaint-oriented capturing and other dogs in case of general capturing. A record of dogs captured shall be maintained in a register, mentioning therein, the name of the area/locality, date and time of capturing, names of persons in the dog squad on that particular day and details about the dogs captured such as number of male dogs, number of female dogs, number of puppies etc.

8220;The dogs shall be captured by using humane methods such as lassoing or soft-loop animal-catchers such as those prescribed under the provisions of Prevention of Cruelties Capture of Animals Rules, 1972

8220;While the dogs are being captured in any locality the representative of the animal welfare organisation accompanying the dog squad will make announcements on a public address system that dogs are being captured from the area for the purpose of sterilisation and immunisation and will be released in the same area after four days. The announcement may also briefly educate the residents of the area about the dog control programme and solicit the support of all the residents reassuring them that the corporation is taking adequate steps for their safety.

8220;The captured dogs shall be brought to the dog kennels/ dog pounds managed by the NGOs where they will be sterilised/ vaccinated under the supervision of the veterinarians of the hospital run by the Society for Prevention of Cruelty to Animals SPCA or dog shelters. After necessary periods of follow up, the dogs shall be released at the same place or locality from where they were captured and the date, time and place of their release shall be recorded. The representative of NGOs shall accompany the dog squad at the time of release also.8221;

The judgement directs that at a time only a lot of dogs shall be brought for sterilisation/ immunisation from one locality at a dog kennel or pound. Two lots from different areas cannot be mixed at the same pound or kennel.

8220;Female dogs found to be pregnant shall not undergo abortion irrespective of stage of pregnancy and sterilisation and should be released for the litter.8221; Metropolitan Mumbai was divided in three zones and the responsibility for effective implementation of the programme allocated area-wise to different NGOs8221;

Their lordships further laid down:
8220;Sterilised dogs shall be vaccinated before release and should be tattooed/ branded on their ears for being branded on their ears for being identified as sterilised/ immunised dogs. In addition, the dogs may be given token/ nylon collars for identification and detailed records of such dogs shall be maintained.8221;

As regards killing of stray dogs, the high court judgement explicitly states:8220;No stray dogs shall be killed as a rule, subject to the exception of critically ill, violent, fatally injured or rabid dogs. The decision whether a dog belonging to any of these three categories needs to be put to sleep with the sole object of relieving of the pain of such sickness, injury or rabies shall be taken by a panel of at least three doctors, one of whom will be the veterinary doctor appointed by the Animal Welfare Board of India at its own expenses8230;8221;

As for handling of rabid dogs, the judgement states:
8220;On receipt of complaints from the public to the Dog Control Officer/ Cell of the Municipal Corporation or on its own, the dog squad of the corporation would catch such apparent rabid dog. The dog which is caught would then be taken to the pound where it would be isolated in an isolation ward8230;The suspected rabid dog would then be subjected to inspection by a panel of two persons 8211; a veterinary surgeon appointed by the Animal Welfare Board of India and an official of the corporation in charge of this programme8230;8221;

These guidelines were to be published in at least two English and two vernacular language dailies for the information of the citizens of Mumbai. The Committee was asked to publish a brief quarterly report of the progress of this programme in local dailies giving details of sterilisation and vaccination done so as to create public confidence and support for the programme. The committee was directed to 8220;set targets for annual number of sterilisation/ immunisation depending on the infrastructure facilities available and the target shall be increased gradually.8221; The programme is to be given 8220;undisturbed run for at least five years8221; from the date of the judgement 8220;to prove its effectiveness and emphasis should be to remove the difficulties in its implementation, rather than its scrapping.8221;