http://www.thehindu.com/news/cities/Delhi/sc-stands-up-for-mans-oldest-friend/article6849038.ece?homepage=true#
above link is the HINDU news page
Supreme court has come to the rescue of our buddy four legged animals. Thank God for their wisdom š . If it was upto Bombay High Court they would wipe the planet of all animals.
Noting that āa faithful dog is a faithful friend,ā the Supreme Court on Monday decided to stand up for manās oldest companion by questioning the authority of municipal bodies to pick dogs off the streets and kill them merely because they are a ānuisanceā to the public.
A Bench of Justices Dipak Misra and Prafulla C. Pant was hearing a petition filed by People for Elimination of Stray Animals, which had sought killing of stray dogs. The Bench agreed that at the crux of the problem was the contradiction in animal welfare laws on what constitutes ānuisance.ā
Under the Mumbai Municipal Corporation Act, if the civic bodies receive a complaint that a dog has become a source of nuisance to the public, they can āseizeā the so-called offending canine, drag it to the local pound and put it to sleep.
On the contrary, the Animal Birth Control Rules formulated under the Central law ā Prevention of Cruelty to Animals Act, 1960 ā does not allow this. The law only permits extermination of rabid, terminally ill or mortally wounded dogs, not ānuisance-causing dogs.ā
Appearing for the Animal Welfare Board, senior lawyer Anand Grover submitted that ānuisanceā was a subjective term. āThe municipality cannot just seize these dogs and put them to sleep. They can be sterilised,ā Mr. Grover said.
He pointed out that the Supreme Court, in its 2014 decision banning jallikattu in Tamil Nadu, had observed that animals, even stray dogs, are entitled to dignity.
Senior lawyer T.R. Andhyarujina said the court should decide on whether there was āany discretion given to municipal authorities to put a dog to sleep.ā
āWe feel there is no such discretion given. You cannot put a dog to sleep unless it has rabies or is terminally ill,ā Mr. Andhyarujina submitted.
Posting the case for a detailed hearing on March 25, Justice Misra remarked how some people were naturally inclined to dislike dogs ā a condition which he termed ādog phobiaā ā and could easily brand it as a nuisance.