MP HC | No orders passed in PIL as municipal corpn. undertook satisfactory measures to manage stray animals and allied problems

Madhya Pradesh High Court: A Division Bench of S.C. Sharma and Virendra Singh, JJ. contemplated a petition by way of Public Interest

Madhya Pradesh High Court: A Division Bench of S.C. Sharma and Virendra Singh, JJ. contemplated a petition by way of Public Interest Litigation in 2013 and sought directions to the State for necessary action to control and prevent rabies to the resident by the expanded population of stray dogs in the locality.

The Petitioner/Advocate, Mr Sanjay, submitted that State has not taken proper steps towards the management, control, and prevention of rabies caused via stray dogs and other animals. He further contested that due to the increased population of stray animals in the locality the residents were facing various problems and the safety was at stake. He has tried to highlight such issue via newspaper and requested the State to intervene. He stated that despite having forced to tackle such issues, State was inactive in managing such serious issues of health and hygiene, State cannot deny that such stray animals can bite therefore causing various diseases which are life-threatening.

The Municipal Corporation submitted a detailed action report and mentioned various measures taken such as:-

  1. Enhanced rate of sterilization of stray animals
  2. Anti-rabies vaccines
  3. Public awareness

The Corporation further submitted that, Several representatives of NGOs and officials of Municipal Corporation held Monitoring Committee meeting in 2019, wherein under proposals for deploying separate vehicle for grown-up puppies in zones where sterilization work is complete and establishment of Asara center for treatment of sick and injured dogs were made.

The Court observed that since the petition was filed, various orders have been issued regarding this matter. Court has in previous instances, directed State and Municipal Corporation to file progress report in conformity with Prevention of Cruelty to Animals Act, 1960 and Animal Birth Controlled Dogs Rules, 2001. Court has also directed the government hospitals to ensure that the injection in respect to rabies (anti-rabies injection) was given free of cost to all persons in case they approached the government hospitals. It was observed that various action reports were filed on behalf of the government and it was ensured that proper measures were adopted, sterilization was carried out and vaccines were made available in all hospitals.

The Court held Municipal Corporation has taken all possible steps to control the population of stray dogs and its ongoing process. Resultantly, no further orders are required to be passed in the present writ petition. It further directed the Corporation to continue with the sterilization until all strays are sterilized and to start with a campaign for public awareness related to birth and control of strays, it directed State to provide a free supply of rabies vaccines for all aggrieved.[Sanjay v. District Collector, 2019 SCC OnLine MP 855, decided on 09-05-2019]

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