Meghalaya High Court: In a Public Interest Litigation petition seeking directions for the State to take appropriate measures to control the menace caused by stray dogs, to capture them, sterilising them and rehabilitating them in dog shelters, the Division Bench of IP Mukerji, CJ and W. Diengdoh, J. directed the State to form a Committee in terms of Rule 4 of the Animal Birth Control (Dogs) Rules, 2001.
The Court had passed directions in this effect confined to the Shillong District. The Shillong Municipal Board did not have adequate facilities to keep these stray animals. Following the Court’s order, the state provided shelter to accommodate these animals for a limited period. The Shillong Municipal Board has been able to set up an animal shelter, but it cannot house all stray dogs in the District. Pursuant to the Court’s order, meetings were held between the Municipal authority and the State, because of which, the State has extended the accommodation of these dogs in their shelter. The Court noted that the Municipal Corporation is proceeding with the acquisition of land for the purpose of building a further permanent shelter after which the animals in the state shelter would be shifted to the Municipal Board’s accommodation.
However, the Court considered the petitioner’s submission that these measures might not be effetive, since the dog menace covers the whole of Meghalaya. The Court also noted that the Animal Birth Control (Dogs) Rules, 2001 promulgated under sub section (1) of Section 38 of the Prevention of Cruelty to Animals Act, 1960 have remained a piece of paper and not enforced. Noting the petitioner’s submission that Rule 4 provides for formation of a committee comprising of the commissioner/chief of the local authority, who would be the ex-officio Chairman, representatives of Public Health Animal Welfare, District Society for the said Act, Animal Welfare Organisations and “Humanitarian or a well-known individual”, the Court directed that the scope and ambit of this writ shall extend throughout Meghalaya.
The State Government shall take immediate steps not later than four weeks from the date to form a committee in terms of Rule 4 of the said rules. The committee shall discharge its functions according to Rule 5. The commissioners along with the District Council and the local Municipal authority shall carry out the orders in their districts. The State was directed to file a comprehensive affidavit with regard to the action taken before the return date.
The PIL was listed for further hearing on 16-07-2025.
[Kaustav Paul v. State of Meghalaya, 2025 SCC OnLine Megh 441, decided on: 15-05-2025]
Advocates who appeared in this case :
For the Petitioner: In-Person
For the Respondents: Mrs. T. Yangi B., AAG, Mr. E.R. Chyne, GA, Mr. Philemon Nongbri, Adv
