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"Who Decides A Stray Dog Is Aggressive?" Maneka Gandhi Has A Solution

The BJP leader noted that many people are not dog-friendly and may exploit the clause in the judgment to label the canine aggressive to ensure their confinement.

"Who Decides A Stray Dog Is Aggressive?" Maneka Gandhi Has A Solution
The Supreme Court on Friday modified its August 11 direction.
  • Supreme Court allows sterilised, vaccinated stray dogs to be released in same area in Delhi NCR
  • Dogs infected with rabies or showing aggressive behaviour will not be released back to the streets
  • BJP's Maneka Gandhi said the law mandates a commitee will be set to define if a dog is aggressive
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New Delhi:

The Supreme Court on Friday modified its previous order on removal of dogs from the streets of Delhi NCR, stating the strays will be released back in the same area after sterilisation and immunisation, except those infected with "rabies or exhibiting aggressive behaviour." Former Union Minister and animal rights activist Maneka Gandhi welcomed the verdict and urged the top court to define the terms on which a dog will be characterised as aggressive.

"We will try for a verdict defining who aggressive dogs are. Per the law, a committee is formed on the matter, and that defines what kind of behaviour is categorised as aggressive," she explained.

The Bharatiya Janata Party (BJP) leader noted that there are a lot of people who are not dog-friendly and may exploit the clause in the judgment and label the canine aggressive just to ensure their confinement.  

"In case you fall on the dog and it bites you, but there was no such incident before or after that, so would the dog be categorised as aggressive, or would you be at fault. A judgment on this will come in eight weeks," she said. 

Gandhi pointed out that another reason dogs often turn aggressive is when they are removed from their territory and left in an unfamiliar location. 

"If the dog is taken from my society for immunisation and sterilisation, and left back in my society, it won't bite," she added.

Top Court's Judgement On Dog In Delhi NCR

The Supreme Court on Friday modified its August 11 direction prohibiting the release of stray dogs from dog shelters in Delhi-NCR, and said the picked up canines can be sterilised, vaccinated and released back in the same area.

A three-judge special bench headed by Justice Vikram Nath made clear that this relocation shall not apply to dogs infected with rabies or suspected to be infected with rabies and those displaying aggressive behaviour.

The bench, also comprising Justices Sandeep Mehta and N V Anjaraia, said the August 11 direction prohibiting the release of stray dogs from dog shelters shall be kept in abeyance for the time being.

The bench directed the municipal authorities to create a dedicated feeding space where people can feed stray dogs.

It said the feeding areas shall be created by civic bodies keeping in view the population, concentration of stray dogs in particular municipal wards. The bench made it clear that feeding of stray dogs shall not be permitted on the streets.

It said notice boards shall be placed near designated feeding areas, mentioning that stray dogs shall only be fed in such areas. It also noted that persons found feeding stray dogs on the streets shall be liable to be proceeded with under the relevant legal framework.

Expanding the scope of the matter pan-India, the bench impleaded all the states and Union Territories as parties in the matter and transferred to itself the pleas pending before different high courts on the issue of stray dogs.

It posted the matter for hearing after eight weeks.

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