The Bombay High Court said that to hate and treat stray dogs with cruelty can never be an acceptable approach from civil society.
The order came vis-a-vis a petition filed by Paromita Purthan who takes care of 18 stray dogs in her society at Kandivali in Mumbai.
The housing society, RNA Royale Park Cooperative Housing Society Limited, where she lives had prevented her from caring for the dogs and their requirements -- including providing water -- and had hired ‘bouncers’ to protect the residents and stop the feeders from feeding the dogs.
The matter was heard by a division bench comprising Justice G S Kulkarni and Justice R N Laddha.
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"If the society continues to take any coercive measures as noted by us above and by physical force, persons like the petitioner are prevented from taking care of these animals, and/or from pursuing such activity which is wholly permissible in law, such actions on their part would not only be contrary to the provisions of law, but also, amount to commission of an offence,” the bench said.
The court also observed that the Animal Birth Control Rules, 2023 framed under the Prevention of Cruelty to Animals Act, 1960 specifically provides for feeding of community animals and designation of feeding spots.
In what is the scope of the order, the bench said: “We also intend to sound a word of caution to the members of the managing committee and the other members of the society that to hate the stray dogs and/or treat them with cruelty can never be an acceptable approach, from persons of civil society, as an act of cruelty to such animals would be against the Constitutional ethos and the statutory provisions.”