SC seeks Centre's, states' replies on birth control of stray dogs

New Delhi: The Supreme Court Monday sought responses of the Centre and states on a plea seeking birth control of stray dogs and their "destruction" in public necessity.

A bench of justices Dipak Misra and P C Pant also issued notices to the concerned ministries, Animal Welfare Board of India and 36 states, while asking them to file their responses within four weeks.

The court was hearing a public interest litigation filed by Kerala-based social activist, Sabu Steephen, who has sought direction to take "urgent steps to safeguard people from the stray dog menace, in which the life of millions of Indians under constant threats".

"The existence of stray dogs is a common phenomenon in almost all streets throughout India and the same has been considered and proved as a terrible social menace, except in the Union Territory of Lakshadweep.

"...The unexpected attacks of stray dogs on human beings, ...Create terrible shocks to the victims and their families, often at times' even causing death of victims. In short, existence of stray dogs in India has adversely affected the citizen's fundamental rights of "Right to Live" and "Freedom of Movement"," the plea stated.

He further sought directions to the Centre, states and Union Territories to implement Sections 11 (3) (b) and (c) and 38 (2) (ea) of Prevention of Cruelty to Animals Act-1960 (PCA Act).

The plea also sought quashing of Animal Birth Control (Dogs) Rules, 2001 contending that it is violative of PCA Act and also violative of Article 19 and 21 of the Constitution of India.

In PCA Act, there is only one category of a particular animal specifically mentioned to destroy, ie "destruction of stray dogs in lethal chambers".

Animal Birth Control (Dogs) Rules gives full protection to stray dogs, which is against PCA Act, the plea added.

It further sought a direction to "enact necessary laws to introduce and implement licensing system to keep dogs, so that no stray dog is allowed on Indian streets".