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Supreme Court says no to Culling of Stray Dogs across India

"Stray dogs have a right to live"

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Right to life of stray dogs
Dogs, Pixabay

New Delhi, Jan 19, 2017:  Inequality is an issue that has grappled India, be it human beings or animals the unequal treatment is highly prevailing. To sort this out Supreme court came up with the verdict that “Stray dogs have a right to live”. This sharply came up today when a submission was made that such canines should be completely destroyed across the country.

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A bench of Justices Dipak Misra and R Banumathi have observed that though culling of stray dogs was permissible, there has to be a balance and a proper method for this. When one of the petitioners told the apex court that he wanted to “totally destroy” stray dogs across India, the bench said “nobody can destroy stray dogs in entirety”. They also have a right to live”. Concurring with the observations of apex court, Additional Solicitor General (ASG) Pinky Anand said that stray dogs have a right to live and there has to be a balance.

There has been many petitions put forward to the apex court on issues relating to orders passed by various civic bodies on culling of stray dogs which have become a menace, especially in Kerala and Mumbai. The Kerala bench said during the hearing that there were issues of human concern but for this all stray dogs cannot be killed. “A person can die due to dog bite. It is an accident and for that, we cannot say kill all the stray dogs,” it said.

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The bench was also informed that a panel headed by former Kerala High Court judge Sri Jagan had received around 400 matters related to dog bites and it was working on it. The apex court had set up a panel to inquire into incidents where people and even children killed stray dogs and these acts were supported by several vigilante groups in Kerala.

A counsel told the bench, which listed the matter for further hearing on March 1 that “The panel has received around 400 applications out of which 24 have been settled. The committee is working on it”, mentioned PTI.

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When an advocate told the court that people have died due to dog bites in Kerala and children were unable to go to school due to this menace, the bench said, “just because there are some stray dogs in a field or a school, they cannot be killed”.

The court also said that “They (stray dogs) have to be taken to shelter homes ….if there is no way out, they have to be culled and not killed. But there has to be a method for it”. Reacting to the proposal one of the petitioners said he would construct shelter homes for dogs in his area in Kerala. However, the apex court asked him to submit a concrete proposal and prepare a road map.

prepared by Saptaparni Goon of NewsGram. Twitter: @saptaparni_goon

Next Story

Supreme Court Signals Out Automobiles Cause Much More Pollution Than Burning Firecrackers

Making it clear that it does not want to generate "unemployment", the court said those who would lose their livelihood can't be compensated in terms of alternate jobs, financial or other support if the firecracker industry was shut down.

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air pollution
Linking the plea for a ban on the manufacture, sale and bursting of firecrackers across the country with Article 19 (1)(g) guaranteeing the right to occupation, trade or business, a bench headed by Justice S.A. Bobde flagged the issue of loss of jobs if there was a clampdown on the firecracker manufacturing industry. Pixabay

The Supreme Court on Tuesday asked why firecrackers were being singled out for rising pollution levels when automobiles caused much more pollution. It asked the Centre to apprise it with a comparative study of the two.

Linking the plea for a ban on the manufacture, sale and bursting of firecrackers across the country with Article 19 (1)(g) guaranteeing the right to occupation, trade or business, a bench headed by Justice S.A. Bobde flagged the issue of loss of jobs if there was a clampdown on the firecracker manufacturing industry.

Article 19 (1)(g) of the Constitution guarantees the right “to practice any profession, or to carry on any occupation, trade or business”.

crackers
Observing how there can be a ban on the firecracker industry whose operations were legal and licensed, Justice Bobde said the way out was not cancelling the license but there could be a change in the licensing conditions.
Pixabay

Sitting along with Justice Sanjay Kishan Kaul and Justice S. Abdul Nazeer, Justice Bobde said the issue had not been examined on the touchstone of Article 19 (1)(g) of the Constitution.

Making it clear that it does not want to generate “unemployment”, the court said those who would lose their livelihood can’t be compensated in terms of alternate jobs, financial or other support if the firecracker industry was shut down.

Observing how there can be a ban on the firecracker industry whose operations were legal and licensed, Justice Bobde said the way out was not cancelling the license but there could be a change in the licensing conditions.

crackers
The Supreme Court on Tuesday asked why firecrackers were being singled out for rising pollution levels when automobiles caused much more pollution. Pixabay

The top court’s observations came in the course of hearing a PIL by a toddler — Arjun Gopal — seeking ban on the manufacture, sale and bursting of firecrackers across the country.

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Noting the work being done by the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO) to produce green firecrackers, the top court had in its last order asked NEERI and PESO to stick the timeline culminating in the bulk production of firecrackers based on the new formulations by May 10, 2019.

The top court had in October 2018 permitted the use of only green firecrackers with reduced emission and decibel levels during all religious festivals. (IANS)