Stray dogs: Judiciary's responsibility to have courage to remind people of truths, says SC

In its order on stray dogs in DelhiNCR the Supreme Court has said the judiciary bears the sole responsibility to possess the courage and strength to remind people of truths that they may not prefer to hear reported news agency PTIIn its August 11 order which was uploaded on the apex courts website on Wednesday a bench of Justices J B Pardiwala and R Mahadevan directed authorities in DelhiNCR to start picking up stray dogs from all localities at the earliest and relocate the animals to dog sheltersThe judiciary must not assume or take on the colouration of the prevailing popular sentiments of the time for its role is not to echo the passions of the moment but to uphold the enduring principles of justice conscience and equity the order said reported PTIAs the sentinel on the qui vive a guardian of rights the judiciary bears the solemn responsibility to possess the courage and the strength to remind the people of truths that they may not like or prefer not to hear it added reported PTIThe bench said it is conscious of the genuine love and care towards stray dogs that many members of the public share and urged them to come forward and become a part of this exercise and to adorn the care and upkeep of the canines responsibly at dog shelters or poundsIn light of the concerns of the interveners we urge all to adopt and give dogs a shelter in their homes However we do not ascribe to the virtue signalling of all those who share love and concern for the animals the order noted reported PTIIt said the court is conscious of and sensitive towards coexistence but the idea behind coexistence is not the existence of ones life at the cost of the otherThe court underlined a virtual divide being attempted to be created between animal lovers and those indifferent towards animalsBut the heart of the problem remains unanswered for all practical reasons it saidAs a court our hearts pain equally for everyone We condemn those who beneath the cloak of love and care for the voiceless pursue the warmth of selfcongratulation The directions given by us as a court that functions for the welfare of the people are both in the interest of humans as well as dogs This is not personal it added reported PTIThe bench passed a slew of directions while hearing a suomotu case initiated on July 28 over straydog bites leading to rabies particularly among children in the national capitalIt referred to a note for hearing submitted by senior advocate Gaurav Agrawal who is assisting the court as an amicus curiae The note contained details about reported dog bites in India in recent timesThe exercise that we propose to undertake is not to be performed in a casual manner The burning issue that we have embarked upon is not driven by a momentary impulse the bench said reported PTIOn the contrary it is only after the deepest of deliberations and having reached the firm conclusion about the systematic failure of the concerned authorities over the past two decades to address an issue that strikes at the heart of public safety that we have decided to take the matter in our hands it added reported PTIReferring to the disturbing pattern of dog bites the bench said now is not the time for any resistance or hesitation born of complacencyIt said streets should not prove to be vulnerable placesAmong a bundle of concerns we are at pains to take cognisance of the experiences of visuallyimpaired persons young children elderly persons people from a humble background who are not able to afford even a days meal let alone the medical expenses The visuallyimpaired persons are at the highest risk of dog bites as their primary support their canes are seen as threats by the dogs it said reported PTIThe bench also said there is no way one can identify or classify between a rabiescarrying dog and other dogsIt is often said that no person is above the law However of equal significance is the flip side of that maxim no person is below the law either it said reported PTIIt directed the Delhi government the Municipal Corporation of Delhi MCD the New Delhi Municipal Council NDMC and authorities in Noida Ghaziabad Gurugram and Faridabad to start picking up stray dogsIt said if any individual or organisation comes in the way of picking up stray dogs and if it is reported to the court it shall take the strictest of actionsThe bench directed the authorities to immediately create dog shelters or pounds and report to it about the creation of such infrastructure within eight weeksIt said stray dogs would be detained in shelters and not be released on streets colonies or public placesWe are mindful of the fact that the exercise of rounding up and relocation of the stray dogs in the shelters and pounds carries concerns over the wellbeing of such stray dogs We are sympathetic to their lives as well Accordingly we make it clear to all authorities concerned and the personnel deployed at such shelters or pounds that at no stage should these dogs be subjected to any mistreatment cruelty or deplorable standards of care it said reported PTIBesides several other directions the bench clarified that it would be open to the authorities to decide the viability of implementing an adoption scheme in respect of the stray dogs that would be kept at the sheltersWith inputs from PTI