The Bench was headed by Delhi's Chief Justice Satish Chander Sharma. (Representational)
The Delhi High Court has issued notice to the Centre, its authorities and MCD on a Public Interest Litigation (PIL) challenging sections of the Delhi Municipal Act 1957 granting power to the civic body to "detain" and "destroy" unregistered/street/ stray dogs found wandering in public places.
The petitioner prays to strike down the portion which is irksome to the parent act and to define the jurisdiction of the Municipal corporation of Delhi over the community/ street/stray dogs.
The Bench headed by Delhi's Chief Justice Satish Chander Sharma, also comprising Justice Subramonium Prasad, has sought a response from the Ministry of Home Affairs (MHA), Ministry of Environment and wildlife, Municipal Corporation of Delhi (MCD) and Animal Welfare Board of India and fixed the matter for February 10, 2023, for next hearing.
The plea stated that Delhi Municipal act 1957 was enacted in 1958 which vested powers in the Commissioner, MCD (a statutory body) to take care of the municipalities in the areas coming under the corporation, in as much as the matters of the corporation were concerned.
It is submitted under section 399 of the DMC act 1957, the legislature empowered the municipal corporation to "register and control dogs" in the areas coming under the control of the municipality in Delhi. The part of the statute under challenge reads as DMC Act 1957.
It is submitted in the plea that under sub-section 1 (c) of section 399 of the DMC act 1957, the provision of any dog which has not been registered or which is not wearing a token, shall if found in any public place, be detained at a place, set apart for the purpose.
It was further submitted that under sub-section 1(d) of section 399 a dog which had been detained if not claimed within one week of such detention, shall be destroyed or otherwise disposed of unless it is claimed and the fee is paid within one week.
The plea stated that there are enough provisions in the law to suggest that all animals have an inherent right to live therefore, the draconian provisions aforementioned u/s 399 in the DMC act 1957 are ultra-vires to the constitution, unconstitutional and conflicting with the parent statute.
Whereas on the other end the very same Government of India (GOI) has drawn a legislation to protect the animals from infliction of cruelty from humans and under the rules notified in (care and maintenance of case property dogs) rules 2017, the UOI has provided to put up abandoned dogs for adoption, the plea read.
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