Delhi High Court - Orders
Nyaya Bhoomi vs Govt. Of Nct Of Delhi And Ors on 18 November, 2024
Author: Manmohan
Bench: Tushar Rao Gedela, Manmohan
$~6-8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3346/2015, CM APPLs.6001/2015, 38449/2018 &
63421/2024
NYAYA BHOOMI .....Petitioner
Through: Mr. Sumit Kumar, Advocate
versus
GOVT. OF NCT OF DELHI AND ORS. .....Respondents
Through: Mr. Santosh Kr Tripathi, Standing
Counsel with Mr. Karn Bhardwaj,
ASC, Mr. Rajat Gaba, Mr. Shubham
Singh and Mr. Saurabh Dahiya,
Advocates for R-l/GNCTD.
Mr. Ajjay Aroraa and Mr. Kapail
Dutta, Mr.Nitesh Dubey, Advocates
for MCD.
Mr. Vikram Chandravanshi, Advocate
with Mr. Deepin Deepak Sahni,
Mr.Bhavesh Tomar, Ms.Madhvi
Sharma, Advocates for AWBI.
Mr. Sriharsha Peechara, Standing
Counsel with Mr. Akshat Kulshrestha
and Mr. D.S. Bhanu, Advocates for
NDMC.
Mr. Percival Billimoria, Sr. Advocate
with Ms. Jasmine Damkewala,
Mr.Saurabh Malhotra, Mr. Prem Sood
Ms. Vaishali Sharma, Mr. Tushar
Bathija, Ms. Rachita Sood and
Mr.Divyam Khera, Advocates for
Impleader/ACGS.
W.P.(C) 3346/2015 Page 1 of 10
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 19/11/2024 at 22:05:02
Ms. Gauri Maulekhi, Ms. Esha Dutta
and Ms.Supriya Juneja, Advocates for
the impleader in CM Appl.
63421/2024.
7
+ W.P.(C) 6914/2015
THE SOCIETY FOR PUBLIC CAUSE .....Petitioner
Through: Dr. L.S. Chaudhary, Dr. Ajay
Chaudhary and Mr. Gaurav
Gupta, Advocates
versus
UNION OF INDIA & ANR .....Respondents
Through: Mr. Rajesh Gogna, CGSC with Mr.
Nipun Jain and Ms. Priya Singh, GP
For UOI.
Mr. Vikram Chandravanshi, Advocate
with Mr. Deepin Deepak Sahni for
AWBI.
Mr. Percival Billimoria, Sr. Advocate
with Ms. Jasmine' Damkewala, Ms.
Vaishali Sharma, Ms. Rachita Sood
and Mr. Divyam Khera, Advocates
for Impleader/ACGS.
8
+ W.P.(C) 14560/2024
DHANANJAY SANJOGTA FOUNDATION
THROUGH ITS DIRECTOR .....Petitioner
Through: Mr. Rahul Bajaj, Mr.Habib Muzaffar,
Mr. Taha Bin Tasneem, Advocates
W.P.(C) 3346/2015 Page 2 of 10
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 19/11/2024 at 22:05:02
versus
DEPARTMENT OF ANIMAL HUSBANDRY
AND DAIRYING & ANR. .....Respondents
Through: Mr. Rajesh Gogna, CGSC with Mr.
Nipun Jain and Ms. Priya Singh, GP
For UOI.
Mr. Santosh Kumar Tripathi,
Standing Counsel (Civil) with
Mr. Rishabh Srivastava and
Mr. Kartik Sharma, Advocates for
GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 18.11.2024
1. In pursuance to the last order, the learned Chief Secretary, GNCTD had convened two meetings dated 4th November, 2024 and 11th November, 2024 with representations of all the stakeholders with regard to dog and monkey menace in Government of NCT of Delhi. Today, the minutes of the meetings have been handed over in Court and the same are taken on record.
2. Since the second minutes of the meeting dated 14th November, 2024 incorporates all the decisions taken, the said minutes are reproduced hereinbelow:-
"GOVERNMENT OF NCT OF DELHI DEPARTMENT OF URBAN DEVELOPMENT (DIRECTORATE OF LOCAL BODIES) 9TH/10TH LEVEL, 'C' WING, DELHI SECRETARIAT, NEW DELHI-110002 No. F.13(536)/LB-I/UD/PWD matter/2024-25/4080 Dated: 14/11/2024 Minutes of follow up Meeting held on 11.11.2024 in compliance of the order dated 25.10.2024 of the Hon'ble High Court in W.P.(C) 14560/2024.W.P.(C) 3346/2015 Page 3 of 10
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2024 at 22:05:03 The second meeting on the subject was chaired by Chief Secretary, GNCTD on 11.11.2024 at 4:30 pm in compliance of the order dated 25.10.2024 of the Hon'ble High Court of Delhi in the matter of Dhananjay Sanjogta Fundation Vs Deptt. Of Animal Husbandry and Dairying & Anr, W.P.(C) 14560/2024. The details of the members/officers who attended the meeting is attached (as per annexure - 1).
At the outset, the Chief Secretary briefed about the minutes of earlier meeting and a write-up on the subject with some suggestions was also shared with the members/ officers and thereon discussion was held among the attendees. Ms. Gauri Mulekhi also submitted some suggestions on minutes of the earlier meeting. The discussion and deliberations in the meeting were as follow:-
1. Animal Control Laws: Need for better enforcement of existing laws was felt to control the population of stray animals and reduce the conflict with human beings. There are following short/long term measures to control the conflict were discussed:
(i) Short Term Measures:
a. Catch the full group of monkeys and transport them to Asola-Bhati Wild Life Sanctuary.
b. Enforce the laws relating to feeding points for stray animals.
c. Reduce the availability of food in the garbage by better management of garbage near venerable points.
d. Strengthening of response on animal Helpline No. 011-23967555. e. Prioritization of making stray animal free places which are frequented by PwD.
f. Issue of a detailed notification similar to a notification issued by Government of Uttar Pradesh on 28.02.2023.
(ii) Long Term Measures:
a. Effective Sterilization of Dogs b. Immuno-contraception of monkeys.
2. Registration of ABC Centres:- It was informed by representative of MCD that 20 ABC centers have been issued notice to make their centres compliant in all respects including registration in accordance with the ABC rules 2023 within three months. It was suggested that the performance of these centres be regularly audited by MCD for ensuring quality and quantity of work done at these centres.
W.P.(C) 3346/2015 Page 4 of 10This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2024 at 22:05:03
3. Geo-Tagging/Micro-chipping: It was pointed out by Ms Mulekhi that geo-tagging or microchipping will not serve any purpose but leads to exorbitant expenditure as the stray animal would be required to be captured to read the tag.
4. Suggestion circulated to the attendees:- The following suggestion were circulated during the meeting and comments were invited from participants to protect vulnerable groups effectively, a comprehensive approach is needed, combining regulatory, environmental, educational, and healthcare measures.
5. Regulatory Measures 5.1 Legal Framework Animal Control Laws: Introduce or strengthen laws that ensure responsible pet ownership, impose fines on those who abandon pets, and mandate sterilization of stray animals.
Injury and Liability Laws: Ensure laws are in place for compensation in cases of attacks on vulnerable groups, holding relevant authorities accountable.
Zoning and Habitat Preservation: Enforce laws to preserve natural habitats for animals to reduce their dependence on human habitats.
5.2 Licensing and Registration:
Microchipping and Tracking: Implement microchipping for animals under shelter programs. This helps track populations, monitor behaviour, and control rabies outbreaks.
Controlled Breeding Programs: Encourage spaying and neutering of stray animals, effectively reducing their numbers over time.
6. Environmental Modifications 6.1 Animal Shelters and Rescue Operations Designated Shelters: Establish well-managed animal shelters with adequate food and veterinary care for stray animals.
Sanctuaries for Wildlife (Monkeys): In regions where monkeys are prevalent, establish designated sanctuaries to encourage their natural migration away from urban settings.
6.2 Feeding Regulations:
No Feeding Zones: Create and enforce designated zones where people are prohibited from feeding stray animals. This discourages stray animals from congregating in public areas.W.P.(C) 3346/2015 Page 5 of 10
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2024 at 22:05:03 Community Feeding Programs: Implement controlled feeding programs in specific locations to discourage animals from roaming and scavenging near vulnerable populations.
7. Healthcare and Veterinary Support:
7.1 Vaccination and Sterilization Programs:
Mass Vaccination Drives: Conduct mass rabies vaccination programs for stray dogs and ensure these are updated annually.
Sterilization Initiatives: Implement mass sterilization programs to control the stray animal population. This can be managed through partnerships with animal welfare organizations.
7.2 Mobile Clinics and Emergency Support:
Mobile Veterinary Units: Deploy mobile veterinary clinics to provide vaccinations and medical treatment in areas with high populations of stray animals.
Emergency Response Teams: Establish quick-response teams that can respond to reported attacks, assist victims, and provide first aid and counseling.
8. Public Awareness and Education:
8.1 Awareness Campaigns Community Education: Educate the public on safe interactions with stray animals and how to respond during an encounter.
School Programs: Teach children how to stay safe around stray animals and what to do if they are confronted.
8.2 Community Watch Programs:
Animal Welfare Volunteer Groups: Establish volunteer groups within communities to monitor and report stray animal sightings, bites, or aggressive behaviour.
Community Surveillance: Engage community members in surveillance efforts, especially around schools, parks, and residential areas.W.P.(C) 3346/2015 Page 6 of 10
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2024 at 22:05:04
9 Protective Measures for Vulnerable Groups:
9.1 Safe Zones and Pathways:
Designated Safe Routes: Create safe walking zones for children, women, and the disabled, with regular patrols and stray-free certification.
Animal Barriers: Install animal-resistant fencing around schools, parks, and other areas frequented by vulnerable groups to reduce the risk of animal encounters.
9.2 Personal Safety and Self-Defence Tools Animal Repellents: Encourage carrying safe repellents, such as ultrasonic devices, that deter animals without causing harm.
Training for Self-Defence: Provide training on self-defence techniques against animal attacks, specifically designed for vulnerable groups.
10 Long-Term Community and Global Efforts:
10.1 Partnerships with NGOs and Global Organizations:
Collaboration with Animal Welfare Organizations: Work with NGOs and global animal welfare organizations to address stray issues effectively, ensuring humane treatment.
Funding and Support: Seek funding for vaccination and sterilization programs, especially in low-income areas where the stray animal problem is more pronounced.
10.2. Research and Development:
Monitoring Disease Spread: Support research on zoonotic diseases among stray animals to prevent outbreaks.
Humane Animal Control Technologies: Invest in technology for humane animal control, such as animal tracking, spaying and neutering advancements, and humane relocation programs.
11. To generate awareness among the residents on following measures:-
11.1 Short-Term Measures:
a. Contact Municipal Corporation of Delhi (MCD) or Delhi Animal Welfare Board (DAWB) to report stray animal sightings.W.P.(C) 3346/2015 Page 7 of 10
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2024 at 22:05:04 b. Ensure proper waste disposal and secure trashcans.
c. Avoid feeding stray animals.
d. Carry ultrasonic devices, umbrellas or sticks for protection.
e. Educate children and vulnerable individuals on stray animal safety.
11.2 Long-Term Solutions:
a. Animal Birth Control (ABC) programs: Sterilize stray animals. b. Vaccination drives: Immunize stray animals against rabies. c. Relocation of aggressive animals: Collaborate with wildlife sanctuaries or animal rescue organizations.
d. Create animal-friendly infrastructure: Animals shelters, clinics, and rehabilitation centres.
Relocation of Aggressive Animals:
e. Identify aggressive animals through monitoring and community feedback. f. Ensure rehabilitation and care in new locations.
12. A balanced approach between public safety and animal rights:
Safeguarding vulnerable groups from stray animals requires coordinated, humane, and long-term solutions. A balance between protecting public safety and respecting animal rights is crucial. By combining legal enforcement, public education, environmental modifications, and healthcare solutions, communities can create safer environments for everyone, especially for those who are most at risk. By implementing these measures, Delhi can reduce the risk of stray animal and promote a safer, more compassionate environment for all. By starting with hospitals, public parks, and schools, we can create safer environments for vulnerable groups and pave the way for comprehensive stray animal management in Delhi.
The meeting ended with vote of thanks to the chair.
Spl. Secetary-I (UD) Urban Development"
3. Mr. Billimoria, learned senior counsel as well as Ms. Gauri Maulekhi and Mr.Rahul Bajaj, learned counsel state that the aforesaid minutes of meeting neither describe with clarity the roles and responsibilities of each statutory authority nor prescribe any timelines for implementation. They also pray that the Prevention of Cruelty to Animals (Dog Breeding and W.P.(C) 3346/2015 Page 8 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2024 at 22:05:05 Marketing) Rules, 2017 as well as Animal Birth Control Rules, 2023 be strictly enforced. They further pray for designating a nodal officer on disability inclusion and accessibility in the office of Chief Secretary's office who should be responsible for promoting disability inclusion initiatives including sensitization drives, ensuring compliance with accessibility standards for website of the office and assisting visitors with disabilities for any accessibility need that they may have.
4. This Court with the assistance of learned counsel for the parties has perused the minutes of the meeting dated 14th November, 2024 and is of the opinion that the same are fair and reasonable. Accordingly, the Chief Secretary, GNCTD is directed to implement the short-term and long-term measures envisaged in the said Minutes of Meeting in accordance with law by issuing directions to specific authorities in a time-bound manner. The Chief Secretary, being the former Chairman of NDMC, shall personally monitor the NDMC area on a pilot basis. The Chief Secretary, GNCTD shall also ensure that the Animal Birth Control Rules, 2023 and Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017 are strictly enforced.
5. Let an action taken report be filed by the Chief Secretary, GNCTD within three weeks.
6. The Department of Animal Husbandry and Dairying, Government of India ('AH&D') and Department of Empowerment of Persons with Disabilities ('DEPwD') are directed to explore the possibility of creating an enabling framework for the safe, non-discriminatory and effective utilization of service animals in India. The AH&D and DEPwD shall also file their status report before the next date of hearing.W.P.(C) 3346/2015 Page 9 of 10
This is a digitally signed order.
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7. List on 9th December, 2024.
MANMOHAN, CJ TUSHAR RAO GEDELA, J NOVEMBER 18, 2024 AS W.P.(C) 3346/2015 Page 10 of 10 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2024 at 22:05:06