Observing that nobody should stop feeding stray dogs because they may become aggressive, the Supreme Court, in a provisional order issued on (November 16), decided to stay detailed observations of the Bombay High Court that mentioned that those interested in feeding stray dogs should "formally adopt" them and that no nuisance should be created by people while feeding them.
A bench of justices Sanjiv Khanna and JK Maheshwari sought a response from Nagpur Municipal Corporation (NMC) and Animal Welfare Board on a petition challenging a Bombay High Court ruling on stray dog feeding rules.
The court delayed the Bombay High Court's ruling that people who want to feed dogs must adopt them till the next hearing date. While hearing the case, the Supreme Court made several comments, one of which was whether street dogs have a place to live. "Where do street dogs dwell, and do the canines have any residences to live in?" the court asked.
The Supreme Court also raised worry over keeping street dogs in captivity, stating that they are not intended to be maintained in captivity. The court also stated that persons who feed dogs cannot be forced to adopt them. In an interim order, the court asked the Nagpur Municipal Corporation to ensure and take efforts to guarantee that the general public feeds street canines at acceptable sites defined and delineated by them. The court also asked the general public to ensure that feeding stray dogs does not constitute a public nuisance.
The court ordered the involved municipal corporation to record the identities and names of any feeders who are causing a public nuisance but not to take any coercive action against them until the next hearing date.
The bench remarked that if street dogs are not handled appropriately, there may be additional implications, and the court must weigh both sides. During the hearing, the Animal Welfare Board counsel stated that if the stray dogs were not fed, they might become hostile.
The Petitioners contended that the High Court's orders conflicted with the requirements of the Prevention of Cruelty to Animals Act, 1961. Under Section 44 of the Maharashtra Police Act, 1951, the High Court has issued a blanket order to the appropriate authorities to detain all stray communal dogs wandering the public streets.
The petition read, "As far as the direction, in respect of Section 44 of the Maharashtra Police Act, 1951 are concerned, it is respectfully submitted that the aforesaid provision contemplates issuance of a public notice proclaiming that any stray dog found wandering in the street or any public place maybe destroyed. The provision does not contemplate the detention of dogs. Subclause (3) of Section 44 provides that a dog that has been detained may be destroyed or sold. A comprehensive reading of Section 44 makes it abundantly clear that the said provision schemes to detain the dogs found to be wandering in the streets or any public place in contravention of any public notice issued by the competent authority, and either destroy or sell them by law.”
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