SC stays Bombay HC’s ‘adopt first, feed strays later’ order, Legal News, ET LegalWorld – Legal Firms


NEW DELHI: Observing that it is not practical and cannot be insisted upon that a person has to adopt a stray dog before feeding it as ordered by the Bombay high court, the Supreme Court on Wednesday stayed operation of the order and directed that no coercive action be taken by the authorities for non-compliance of the HC’s directions.

While hearing an appeal against the HC order, a bench of Justices Sanjiv Khanna and J K Maheshwari said the order passed by the HC on the aspects of adoption and feeding was not implementable and that part of the order has to be stayed.

“It cannot be insisted that one has to adopt stray dogs if you want to feed them. It is impossible. Feeding and adoption aspect of the order has to be examined … People would then deliberately throw food item on street for the stray dogs and that would create another problem,” the bench said.

The Nagpur bench of HC had said that any person interested in feeding stray dogs, should first adopt the strays, bring them home, register it with the municipal authorities or put it in some dog shelter and then shower his love and affection on it, by feeding and looking after it in all respects.

Observing that the omnibus directions issued by the HC required modification, the bench directed the Nagpur Municipal Corporation (NMC) to allow the general public to feed stray dogs at locations demarcated by the civic body.

The lawyers, appearing for the petitioners, contended that the apex court in May allowed operation of the Delhi HC verdict which had held that community dogs have the right to food and citizens have the right to feed them and had framed guidelines on feeding stray dogs. They submitted that similar arrangements be allowed in Maharashtra.


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