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Madhya Pradesh High Court · body

2014 DIGILAW 472 (MP)

Sanjay v. State of M. P.

2014-04-28

JARAT KUMAR JAIN, SHANTANU KEMKAR

body2014
ORDER Kemkar, J. 1. Heard learned counsel for the parties on IA No.1653/2014, an application for intervention filed by a Non Governmental Organization (NGO) namely ‘Helping Hands for Animals’. 2. Shri A.K. Chitale, learned Senior Counsel has argued that the intervener is a ‘not-for-profit’ organization dedicated to Humane Treatment of street Animals. It is involved in rescuing injured animals, their care and rehabilitation, promoting adoption of stray dogs as pets after inoculation and neutering, inoculation against rabies and other diseases and sterilization of stray dogs. It provides first aid and assistance to dog bite victims, education of the general public, particularly children about rabies and dog attack prevention. It has also been stated that the intervener is a society, which is not receiving any grant-in-aid from the Government. For the drugs and medicines required in the camps for sterilization of the stray dogs, the members are voluntarily contributing money for the expenses. The members of the NGO who are mostly women humanely capture and bring street dogs to the operation camp in hired auto rickshaw or their personal vehicles. It has been assured by the learned Senior Counsel for the proposed intervener that the intervener will continue to help the Indore Municipal Corporation to curb the stray dog biting menace by providing all required assistance. He submits that the intention of the intervener to intervene is bona fide and in public interest as also to assist the Court. 3. Shri Manoj Dwivedi, learned Additional Advocate General and Shri Satish Tomar, learned counsel for the Indore Municipal Corporation have stated that they are taking the aid of this NGO in catching the stray dogs, in sterilization and in vaccination of rabies and like activities and they have no objection, if this NGO is allowed to intervene in the matter. 4. Having considered the submissions made by learned counsel for the parties, we allow the intervention application and permit this NGO to participate in the matter. 5. We have also heard learned counsel for the parties on the steps taken by the IMC so far. 6. Dr. Uttam Yadav, Officer-in-Charge of the case, who is present in Court, has stated that in terms of the order passed by this Court on 14.3.2014, a meeting was held on 26.3.2014. 5. We have also heard learned counsel for the parties on the steps taken by the IMC so far. 6. Dr. Uttam Yadav, Officer-in-Charge of the case, who is present in Court, has stated that in terms of the order passed by this Court on 14.3.2014, a meeting was held on 26.3.2014. The minutes of the meeting are Annexure R1 and the decision taken in the meeting and the order issued in pursuance of it is Annexure R/2. He admits that presently the vehicles for catching of the dogs are insufficient; however, he submits that very soon few more vehicles will be purchased by the IMC. 7. On going through the reply, we find that the IMC has taken some steps for catching the stray dogs, for their sterilization and for administration of injection of rabies, but the steps, which have been taken so far, appear to be highly inadequate. 8. Having gone through the pamphlets, which are being distributed by the IMC under awareness programme, we find that it does not contain helpline telephone numbers. We direct the Commissioner, Indore Municipal Corporation to provide the public dedicated helpline number of IMC, VETS Society for Animal Welfare, Sikandarabad (Hyderabad) and of NGO ‘Helping hands for Animals’ in the said pamphlets so that in emergency, victims of dog bite can seek immediate help. The aforesaid helpline numbers as also the other contents of the matter published in the pamphlets should also be published for the information of general public in various local newspapers. 9. It has been argued by Shri Amitabh Upadhyaya, learned counsel for the petitioner that at present only one agency ‘VETS’ has been involved in the aforesaid project, which is quite insufficient looking to the large number of stray dogs in the city of Indore. He submits that few more such agencies needs to be awarded contract. He also submits that more rehabilitation centres also needs to be opened. 10. As regards inadequacy of rehabilitation centres, we have also been apprised that at MOG Lines, a small newly constructed building of Veterinary Department is lying idle, which can be used for sterilization of the dogs and their rehabilitation. We direct the Principal Secretary of Veterinary Department to consider and issue necessary orders, if possible, to allot the said portion of the building, which is being not in use, for being used as rehabilitation centre. We direct the Principal Secretary of Veterinary Department to consider and issue necessary orders, if possible, to allot the said portion of the building, which is being not in use, for being used as rehabilitation centre. We also direct the Veterinary Department and the Municipal Corporation to locate more places where the rehabilitation centres can be opened. We also direct the IMC to provide more number of vehicles corresponding other facilities for this purpose. 11. We also direct the IMC to involve more agencies for the aforesaid purpose by inviting fresh Notice Inviting Tender (NIT), as the present arrangement will not be adequate to cope up with the high rise of stray dog population. Taking into consideration the reports from various newspapers for the present, we direct the Municipal Authorities, the NGO and VETS to immediately take intensive steps for catching the stray dogs at Suryadev Nagar, Pardeshipura behind Shri Ram Mandir Lane, Patnipura, Vidya Nagar behind Holkar Science College, Khatiwala Tank, Bengali Square, behind Scheme No.71, Badribag Colony, Street No.8 Nanda Nagar, Lalaram Nagar, Kamthipura, Sudama Nagar, Biyabani Road, Khandwa Road, Bhanwarkuwa, Neelkanth Colony, Dwarkapuri, Tilak Nagar, Sukhaliya, Saket Nagar, Bhamori, Palhar Nagar and Chhatribagh as also at the other part of the city from where the complaints are received. 12. It is also directed to the State as also Municipal Authorities to ensure that the victims of dog bite are treated promptly and there should not be any scarcity of the necessary medicines and other facilities. 13. Shri Satish Tomar, learned counsel appearing for the second respondent has brought to our notice that IMC has intensified the implementation of Animal Birth Control Programme for sterilization and immunization of stray dogs in terms of letter dated 28.5.2010 received from the Secretary, Animal Welfare Board of India (AWBI). He submits that in terms of the directions of AWBI a statutory body and also the Animal Birth Control (Dogs) Rules, 2001 in order to control of population of the stray/community dogs and to reduce incidents of rabies, IMC has taken various steps. 14.We find from the said letter dated 28.5.2010 sent by the Secretary of AWBI to various Commissioners of the Municipal Corporations, the main cause of increase in the stray dog population is the insufficient measures adopted by the local bodies to dispose of the solid waste in towns/cities, which is the main source of food for their fast multiplication. 14.We find from the said letter dated 28.5.2010 sent by the Secretary of AWBI to various Commissioners of the Municipal Corporations, the main cause of increase in the stray dog population is the insufficient measures adopted by the local bodies to dispose of the solid waste in towns/cities, which is the main source of food for their fast multiplication. As per the said letter, the Corporation should take up this issue seriously so as to implement solid waste management, which will help in controlling the population of the stray/communities dogs. The slaughter house waste should also be disposed of in a proper manner. The meet shops should be directed to follow the guidelines for proper disposal of meet waste/offals. It is also noticed from the said letter that AWBI is to provide 50% fund and the rest 50% is to be borne by the Corporation under the Memorandum-of-Understanding (MOU) to maintain the guidelines/terms and conditions of the Board. We expect from the IMC to act swiftly on the aforesaid letter and also to pursue for getting the funds, if the same have not yet been received. We also expect from the IMC to strictly follow the letter dated 28.5.2010 and the Animal Birth Control (Dogs) Rule, 2001. 15. Shri A.K. Chitale, learned Senior Counsel appearing for the NGO, has stated that the NGO will suggest some concrete proposal for curbing the stray dog population and for anti-rabies programme to be implemented in a proper manner to the Municipal Corporation. 16. We direct the Commissioner, IMC to hold meeting from time to time with the at least two representatives of the NGO, the petitioner or his counsel, officers from the VETS Society for Animal Welfare, the officials of Veterinary Department. The Corporation may also call for the representatives of any other agency, if awarded contract for catching stray animals. Let the meeting be held on or before 20th May, 2014; and thereafter, again on or before 20th June, 2014. The minutes of the two meetings, as aforesaid, and the decision/steps, as may be taken, be produced before the Court before the next date of hearing. 17. Further Action Taken Report be filed by the IMC on or before the next date of hearing. 18. Matter be listed on 14.7.2014.