Delhi High Court - Orders
Dhananjay Sanjogta Foundation Through ... vs Department Of Animal Husbandry And ... on 18 October, 2024
Author: Manmohan
Bench: Tushar Rao Gedela, Manmohan
$~161
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14560/2024
DHANANJAY SANJOGTA FOUNDATION THROUGH ITS
DIRECTOR .....Petitioner
Through: Mr.Taha Bin Tasneem, Advocate
with Mr.Rahul Bajaj, petitioner in
person.
versus
DEPARTMENT OF ANIMAL HUSBANDRY AND DAIRYING &
ANR. .....Respondents
Through: Mr.Rajesh Gogna, CGSC with
Ms.Priya Singh, Mr.Nishant Sharma
and Mr.Nipun Jain, Advocates.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 18.10.2024
1. Present public interest petition has been filed challenging Animal Birth Control Rules, 2023 on the ground that they are violative of the Rights of Persons with Disabilities Act, 2016 to the extent that they fail to address the issue of stray animal attacks on Persons with Disabilities ("PwDs").
2. Learned counsel for the petitioner states that India and more particularly, Delhi has a very high population of stray animals, most of which are not vaccinated and sterilized. He states that due to lapses in the management of stray animals, many of them also become aggressive and prone to attacking people, which poses a major health and safety risk to the inhabitants of localities with a high population of stray animals especially 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 05/11/2024 at 19:30:52 when it comes to vulnerable sections of the population including aged individuals and PwDs.
3. He states that the white cane used by visually impaired persons (which resembles a stick that is used to chase stray animals including dogs) is perceived as a threat by stray animals and resultantly, the stray animals end up being more aggressive around visually impaired individuals.
4. He states that the inability of visually impaired persons to anticipate threats and their restricted mobility renders them incapable of defending themselves in cases of an attack. He states that similarly persons with locomotor disabilities, hearing impairments, speech impairment, and mental illness also face challenges in defending themselves in cases of an attack by stray animals.
5. He states that many PwDs in other jurisdictions rely on service animals and therapy-animals to go about their lives, but there exists no enabling framework for PwDs to utilise service / therapy animals in India, thus placing them in a disadvantageous position vis-à-vis their counterparts in other jurisdictions. He states that Animal Birth Control ("ABC") Rules, 2023 dated 10th March, 2023 notified by the Central Government have failed to adequately address the unique challenges faced by PwDs in relation to stray animals.
6. He states that the ABC Rules lack provisions for the dignified relocation of stray animals that pose a threat to vulnerable populations. He states that the Rules only speak of vaccination and sterilization of dogs and cats, after which such stray animals are directed to be returned to the area or locality where they were captured/removed. However, this approach fails to consider the specific risks posed to PwDs and the need for creating safe 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 05/11/2024 at 19:30:52 public spaces.
7. He states that the Rules also fall short in providing adequate complaint mechanisms for PwDs. According to him, Rule 11(1) (b) mandates the establishment of an Animal Complaint Cell, but its scope is limited to receiving information or complaints about dog bites from street dogs suspected of suffering from rabies. He contends that this narrow mandate fails to address the broader range of issues faced by PwDs in relation to stray animals, in particular, dogs, cats, monkeys and stray cattle.
8. Keeping in view the importance of the issues raised in the present writ petition, issue notice to respondent nos.1 & 2 as well as GNCTD through its Chief Secretary.
9. Mr.Rajesh Gogna, CGSC accepts notice on behalf of respondent nos.1 & 2. Mr.Santosh Kumar Tripathi, ASC accepts notice on behalf of newly impleaded respondent i.e. GNCTD. List on 25th October, 2024 along with W.P.(C) No.3346/2015 at 2.15 P.M.
10. The Chief Secretary and Additional Secretary, Ministry of Fisheries, Animal Husbandry and Dairying are directed to join the proceeding by way of audio-video link on the next date of hearing.
MANMOHAN, CJ TUSHAR RAO GEDELA, J OCTOBER 18, 2024 KA 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 05/11/2024 at 19:30:52