Jammu & Kashmir High Court - Srinagar Bench
Court On Its Own Motion (Stray Dog Menace vs Government Of J&K & Anr on 7 February, 2024
Author: Chief Justice
Bench: Chief Justice
Sr. No. 03
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
(THROUGH VIRTUAL MODE)
CJ Court
Case: WP(C) PIL No. 01/2023 C/w
WP(C) PIL No. 04/2022
Court on its Own Motion (Stray Dog Menace ..... Petitioner(s)
in Ladakh)
Through :- Mr. S. S. Ahmed, Advocate.
Ms. Devinder Kaur Madaan, NGO
v/s
Government of J&K & anr. .....Respondent(s)
Through :- Ms. Malaya Ashira Adv. vice
Mr. S. F. Qadri, Advocate
Mr. Moomin Khan, Adv.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE MA CHOWDHARY, JUDGE
ORDER
07.02.2024
1. Learned counsel appearing for UT of J&K and UT of Ladakh shall file detailed updated reports as regards implementation of the various requirements mentioned in notification dated 10.03.2023 whereby the Department of Animal Husbandry and Dairying notified Animal Birth Control Rules, 2023 (ABC Rules, 2023). It has been submitted by Ms. Devinder Kour, on behalf of Save Animal Value Environment (SAVE) that the authorities have not taken appropriate steps in terms of the aforesaid notified Rules. The State level Monitoring Committee which is required to sit regularly is not properly monitoring the implementation of the aforesaid Rules though the same were notified in the month of March, 2023. It has been further submitted that lack of general awareness regarding dog bite incidents needs to be looked into and preventive measures would be required to be taken up by the administration for 2 spreading awareness on the issues of dog bites. It is also urged that anti rabies vaccines which are antidote for dog bite are not readily available and the authorities are differentiating into bites by pet dogs and stray dogs which has prevented effective measures to be taken with regard to stray dog bites. In this regard, SAVE has referred to a copy of policy made by the Government of UP in which comprehensive measures have been adopted for implementation of the aforesaid rules. The authorities of both Union Territories of J&K and Ladakh may consider the same.
2. It has also been submitted on behalf of SAVE that proper implementation of Prevention of Cruelty to Animals (Pet Shop) Rules, 2018 and Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017 will be also required so that the instances of stray dog bites can be decreased.
3. It has been submitted that the last meeting of the State Level Monitoring Committee in respect of UT of J&K was held on 13.06.2022 and, no such information is available with regard to Monitoring Committee of UT of Ladakh. Accordingly, authorities should ensure proper regular meeting of the aforesaid monitoring committee.
4. Considering the fact that this is a continuing course of concern, the matter will be monitored frequently by this Court. Let the same be listed on 21.02.2024 by which time UT of J&K and UT of Ladakh will file their detailed updated status reports with copies in advance to counsel for the petitioner/parties.
5. Copies of the pleadings in both the PILs may be made available to the newly impleaded party, "SAVE".
(MA CHOWDHARY) (N. KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
JAMMU
07.02.2024
Abinash