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The Supreme Court on Friday stayed the Delhi High Court order setting out guidelines for feeding stray dogs while issuing notice on a Public Interest Litigation seeking direction to curb the situation arising out of the increase in number of dog bite cases.

A bench of Justice Vineet Saran and Justice Aniruddha Bose issued notice on the plea filed by Humane Foundation for People and Animals raising the issue of an increasing number of stray dogs and dog bite cases.

The petition has further challenged an order of the Delhi High Court passing guidelines qua feeding of stray dogs with reference to “The Animal Birth Control (Dogs) Rules, 2001” and “The Prevention of Cruelty to Animals Act, 1960”.

The guidelines have been passed by the High Court in respect of feeding of stray dogs in public places, on the streets and inside residential colonies and made it applicable for the entire country.

The plea stated that the order has been passed despite there being an order passed by the Supreme Court directing “High Courts not to pass any order relating to the 1960 Act and the 2001 Rules pertaining to dogs.”

It has sought direction to restrain the Animal Welfare Board of India (AWBI) from passing any further unlawful or ultra vires orders, notifications and circulars pertaining to stray dogs and their feeding in public places.

It is to be noted that the AWBI is a statutory body formed under the Prevention of Cruelty to Animals Act, 1960 itself, two of whose main purposes are "to keep the law in force in India for the prevention of cruelty to animals under constant study and advise the Government on the amendments to be undertaken in any such law from time 
to time", and "to advise the Central Government on the making of rules under this Act with a view to preventing unnecessary pain or suffering to animals generally, and more particularly when they are being transported from one place to another or when they are used as performing animals or when they are kept in captivity or confinement."

In furtherance of its responsibilities and functions under its mother Act, the AWBI issues various circulars from time to time with respect to animal welfare activities. 

The High Court in its order had observed that "Community dogs (stray or street 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."

In addition to this, the High Court had noted that, "There is a need to spread awareness that even animals have a right to live with respect and dignity. AWBI shall carry out an awareness campaign in association with various Newspapers, Television, Radio Channels and Social Media platforms."

Cause Title: Humane Foundation for People and Animals vs Animal Welfare Board of India & Ors.