Stray dogs have right to food, citizens entitled to feed them: Delhi High Court

The Delhi High Court said that stray or street dogs have the right to food and citizens are entitled to feed them, without causing harm or harassment to others.

The court stressed that people should show compassion towards all living creatures, as animals may be mute but society should speak on their behalf.

"Animals have a right under law to be treated with compassion, respect, and dignity. Animals are sentient creatures with an intrinsic value. Therefore, protection of such beings is the moral responsibility of each and every citizen including the governmental and non-governmental organisations," a single-judge bench of Justice J R Midha said.

The court said community dogs have the right to food and citizens have the right to feed community dogs but in exercising this right, care and caution should be taken to ensure that it does not impinge upon the rights of others or cause any harm, hindrance, harassment and nuisance to other individuals or members of the society.

The court issued a number of guidelines including feeding of the community dogs have to be done at areas designated by the Animal Welfare Board of India (AWBI) in consultation with Resident Welfare Associations or Municipal Corporation.

The court noted that every dog is a territorial being, and therefore, the street dogs have to be fed and tended to at places within their territory that are not frequented, or less frequented, and sparingly used by the general public and residents.

“It is the duty of the AWBI and the RWAs to ensure and keep in mind the fact that community dogs live in ‘packs‘ and care should be taken by the AWBI and RWAs to see that each pack ideally has different designated areas for feeding even if that means designating multiple areas in a locality," the bench said in its 86-page judgment.

Acting on a plea by Dr Maya D Chablani, the court noted despite the law prohibiting cruelty to animals, there was an increasing tendency of defiance among citizens and also government officials have taken up a position contrary to the well-settled law.

The court said it will be the duty and responsibility of the RWA or Municipal Corporation and all government authorities including enforcement authorities like the police to provide all assistance and ensure that no hindrance is caused to the caregivers or feeders of community dogs.

The court also set up a seven-member committee headed by Director Animal Husbandry Department or his nominee, to implement the court’s guidelines for the welfare of dogs.