Street Dogs and Their Care-Givers: Laws and Guidelines

 

The Constitution of India envisages 10 fundamental duties for all citizens of India under Article 51 A, out of which Article 51 A (g) states as follows:

It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

..... “and to have compassion for all living creatures” clearly constitutes all animals including street dogs. 

All animals, be it a pet or a stray, deserves  equal amount of love and care from humans. Infact, in today's times we can see a tremendous rise in love and concern which people have developed towards street dogs. Many animal lovers /activists are increasingly showing compassion for street dogs by feeding them and providing veterinary and other support as and when required. Yet there is a class or section of humans who still discriminate between pets and strays and do not demonstrate the same love and affection towards a stray as they do towards a pet. Several cases of brutality inflicted upon street dogs are seen at various places in our country even today. Disputes between care-givers and Apartment Associations and Residential Societies seem to be a matter of concern in today's scenario.

Therefore, in order to avoid conflicts between the care-givers of street dogs and pet owners on one hand, and Residents Welfare Associations and Apartment Owners Associations on the other, the Animal Welfare Board of India formulated several guidelines to be followed in order to maintain harmony among all. They are produced as under:

Guidelines for care-givers of street dogs: 

Sterilization and Vaccination:

Care-givers who feed street dogs are advised to participate in their sterilization and yearly vaccination too. They are also advised to provide or to animal welfare organizations in providing health care to them.

Feeding of street dogs:

Care-givers are advised not to feed street dogs close to residences not their own. They are advised not to feed street dogs immediately adjacent to areas where children play, people walk or any crowded area.

         They are further advised not to litter or dirty any feeding site and should clean up feeding sites after feeding is over.

Maintaining Records of sterilization and vaccination of street dogs:

Care-givers are advised to keep the sterilization and vaccination status of the dogs they are feeding and caring for, updated and readily accessible.

           Sharing the same with other residents and resident association is recommended as it shall generate positivity and acceptability of the dogs.

Maintaining cleanliness:

Care-givers, though cannot control the defecation habits of the stray dogs are, yet advised to participate is other solutions to maintain cleanliness.

 

Guidelines for Residents Welfare Association, Apartment Associations etc;

With respect to Street Dogs:

Beating and driving away of street dogs is not allowed:

As per Indian laws, street dogs cannot be beaten or driven away or dumped elsewhere or killed. They can merely be sterilized in the manner envisaged in the Animal Birth Control (Dogs) Rules 2001 and then returned to their original habitat after sterilization and immunization.

Feeding street dogs whether inside or outside community premises and gated complexes:

There is no law that prohibits the feeding of street animals.

Citizens who choose to do so are in fact performing a duty cast upon them by the constitution of India – i.e., of showing compassion to all living creatures.

Intimidation:

Attempts to interfere with, or harass persons who choose to look after and feed community dogs, may tantamount to the very grave offence of criminal intimidation.

Aggression to dogs, counterproductive:

Any aggression or hostility that the dogs may be subjected to may render them hostile and aggressive to humans and they may resort to snapping and biting. If the same happens, the human aggressors are to be solely blamed for.

 

Laws and Statutes for Animal Protection:

The Animal Birth Control (Dogs) Rules, 2001 shall be applied and the procedure therein shall be followed for capturing, sterilizing, immunizing and releasing of street dogs into their habitat. These rules also provide that incurably ill or mortally wounded dogs may be euthanized but in a humane manner.

Section 11 of the Prevention of Cruelty to Animal Act, 1960 provides instances of which are considered as cruelty towards and animal and if any person performs any such act, such person shall be punishable under the said Act with imprisonment which may extend up to 3 months or fine or with both.

Section 428 and 429 of the Indian Penal Code specifically provides that any person who commits mischief by killing or maiming an animal shall be punished with imprisonment extending to 2 years or 5 years (depending on the nature of offence) or fine, or with both.

 

REFERENCES:

1.  Guidelines by Animal Welfare Board of India with respect to pet and street dogs and their care-givers and Residents’ Welfare Associations and Apartment Owners’ Associations dated 26^th February, 2015.

 

2.  The Animal Birth Control (Dogs) Rules, 2001

 

3.  Prevention of Cruelty to Animal Act, 1960

 

4.  Indian Penal Code, 1860