Their bark may really end up worse than their bite. The fate of lakhs of dogs was sealed on Friday, as Bombay high court ruled in a majority verdict that stray canines that ‘create a nuisance’ by, say, barking too much, can be killed. The verdict applies not only to the estimated 70,000 stray dogs in the city, but to canines in all of Maharashtra and Goa.
A three-judge constitutional bench which was to have the final say on whether stray dogs’ days were numbered, went two to one in favour of the discretionary execution of troublesome stray dogs, and also rabid, incurably ill and mortally wounded dogs. The verdict, however, has been stayed for six weeks, and no dogs will be killed until then.
The issue of troublesome strays has been dogging HC for a decade, raising the question of whether any provision in law permits civic bodies to kill them. The HC heard a reference made by a judge while sitting at the Goa bench, to decide whether stray dogs should be put to sleep or only sterilised. In 1994, BMC stopped killing dogs and switched to sterilisation to curb their population. Justice S Radhakrishnan, who headed the bench, took a compassionate view towards ‘homeless and abandoned’ strays, and held that discretionary powers of the civic chief can only be exercised if the dogs are rabid, mortally wounded or incurably ill — categories under which animals can be killed in accordance with Prevention of Cruelty to Animals Act.
Source:-The Times of India Delhi 20 December 2008 P. 15
For any query:- legalpoint@aol.in
Source:-The Times of India Delhi 20 December 2008 P. 15
For any query:- legalpoint@aol.in
1 comment:
I think this is warped logic and sheer misuse of power..First, our government does nothing to give a decent life to animals..and, then, it eleminates them, as per their so called 'discretion'...this planet belongs as much to the animals, as to us..we should not forget, "Lord God made them all."
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