| Introduction: Contextual Introduction Body: Key Aspects of the Judgement and balancing act among various agencies Conclusion: Way forward |
The recent Supreme Court judgment on the All India Stray Dogs case, officially titled Animal Welfare Board of India & Anr. vs. People for Elimination of Stray Troubles & Ors., addressed the contentious issue of stray dog population management in India. The case, which had been ongoing for 15 years, was a legal battle between proponents of animal rights and those advocating for aggressive measures to control stray dog populations, including culling.
Key Aspects
- Legislative Changes: The judgment was influenced by the introduction of the new Animal Birth Control Rules, 2023, which further reinforced the central law’s stance against culling and emphasized sterilization and vaccination.
- Scientific and Humane Approach: The Supreme Court’s decision was grounded in a scientifically backed approach to stray dog population control, as endorsed by the World Health Organization (WHO) and other expert bodies. The Court highlighted that culling had not proven effective in controlling stray dog populations, whereas sterilization had been recognized as the only humane and effective method.
- Constitutional and Ethical Considerations: The judgment also invoked Article 51A(g) of the Constitution of India, emphasizing the fundamental duty of citizens to show compassion towards all living creatures. The Court’s ruling reflects a broader ethical perspective on how stray animals should be treated, aligning legal enforcement with constitutional values.
Balancing Act: Central, State, and Municipal Laws
- Central vs. State and Municipal Laws: The case centered on whether municipal and local authorities could kill stray dogs under state and municipal laws or whether they were bound by central laws like the Prevention of Cruelty to Animals (PCA) Act, 1960, and the Animal Birth Control (ABC) Rules, 2001. The Supreme Court ruled that local authorities must adhere to central legislation, which prohibits indiscriminate killing and mandates sterilization and vaccination as the humane and effective method for controlling stray dog populations.
- Central Legislation: Acts like the Prevention of Cruelty to Animals Act (PCA Act) provide a broad framework for animal welfare. They set national standards and guidelines.
- State Legislation: Many states have their animal welfare laws, which may provide more specific regulations or address regional issues.
- Municipal Bylaws: Local authorities often have bylaws to manage stray animals within their jurisdiction. These bylaws are crucial for on-ground implementation but can vary widely.
Conclusion
The judgment advocates for a humane and scientifically validated approach, resolving a protracted legal issue while also emphasizing ethical animal treatment. This ensures a careful balance between maintaining public safety and protecting animal rights.
