28/01/2025
BOMBAY HIGH COURT UPHOLDS RIGHTS OF STRAY DOGS AND THEIR CARETAKERS
The Bombay High Court has consistently reinforced its stance on the humane treatment of stray dogs, emphasizing that cruelty towards these animals “would be against constitutional ethos.” In recent years, the court has addressed several cases involving housing societies that imposed restrictions on residents who care for and feed stray dogs, highlighting the need for compassion and legal compliance.
Recently, the court admonished a housing society - Seawoods Estates Limited in Navi Mumbai for violating a resident’s fundamental rights. The society had prevented the woman’s domestic help from visiting her because she fed stray dogs in the area. The same society faced scrutiny in January 2023 when the high court intervened in a dispute over fines imposed on residents for feeding stray dogs. The court called for a mechanism to manage stray dog populations humanely and criticized the society for denying entry to service providers such as drivers, domestic helps etc.
In a notable case from March 2023, the Bombay High Court heard another petition filed by animal lover Paromita Puthran, a member of the RNA Royale Park Cooperative Housing Society Limited in Kandivali West. The society had hired bouncers to deter members from feeding stray dogs. The court strongly condemned the approach, reiterating that acts of cruelty violate “constitutional ethos and statutory provisions.” It also instructed the society to address complaints about security guards using intimidation tactics against animals. Furthermore, the court emphasized that housing societies must ensure that stray dogs are provided with adequate drinking water, particularly during harsh weather conditions.
In April 2023, while hearing a plea by animal activist Vineeta Tandon from Pune, the high court directed Pune authorities to return the stray dogs captured from Brahma Suncity Society in the Wadgaon Sheri area to their original surroundings. Some members of the society had objected to releasing the dogs. Over 50 strays had been kept at shelters maintained by the Pune Municipal Corporation (PMC) after a stray dog bit a child.
Rule 20 of the Animal Birth Control Rules, 2023, further underscores the responsibilities of Resident Welfare Associations (RWAs) to support residents who feed and care for stray dogs. The court has emphasized the importance of these rules in fostering co-existence and preventing unnecessary conflict.
The Bombay High Court's rulings send a clear message: housing societies must balance concerns with compassion and uphold laws protecting animal welfare. By fostering understanding and enforcing humane measures, the court strives to ensure stray dogs and their caregivers are treated with dignity and respect.
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