Dear DOG-HATERS, you CAN'T STOP someone from feeding dogs. It's PUNISHABLE

There has been a sharp spike in the number of cases of assault and harassment of people who feed stray animals, especially dogs. A lot of bru-haha going on over feeding of dogs by animal lovers and the same allegedly leading to increased cases of dog bites and attacks on people. Amid growing reportage on such cases, many people, who wish to get rid of dogs from their neighbourhood, have a common demand - 'that dogs shouldn' be fed'. They claim that feeding dogs leads increased cases of dog bites. 

On the other hand, there are people who have been feeding and caring for the stray animals for years. For them, it is almost their routine to feed these animals. 

However, the situation, for the past few months has turned grave. 

One such case was recently reported in Ghaziabad's Vaishali, where a feeder by harassed by a group of locals. Neena Arora, a resident of Karwan Society, Sector 5, Vaishali, was stopped from feeding recently. 

As the matter escalated, Nikhil Chakravarti, City Magistrate, ordered the society's RWA to establish feeding points. 

Here are a few FAQs answered on feeding of dogs: 

Can anyone be stopped from feeding dogs/ any other stray animal?

As per Ashish Sharma, Animal rights activist and lawyer, dog lovers never can be stopped as the law provides them right to feed under Article 51-A(G) (Fundamental Duties) and Article 21 (Fundamental Rigt) of The constitution of India. The same has also been supported by Supreme Court Judgment in the matter of:

1. Animal Welfare Board of India Vs. A. Nagaraja. 

Animals also possess rights to life & dignity & also protection from cruel human being. 

2. Dr. Maya D. Chablani Vs. Smt. Radha Mittal

Society dogs have right to food & feeders have right to feed them.

Is it punisable if someone stops a feeder from feeding dogs? 

"Yes it is punishable. No one can interfere in personal freedom granted by constitution of India under heading of Fundamental Rights. Secondly, it will lead to intentional insult of feeder whereby provoking breach of peace punishable under section 504 IPC. Stopping feeder who is feeding without creating nuisance can also amount to threat to his personal freedom which is punishable under section 506 IPC," says Sharma. 

Supreme Court of India found Feeding stray dogs  justifiable while setting aside Nagpur High Court Order which prevented feeders from feeding stray dogs in society. 

Is relocation legal?

As per Ashish Sharma, the Relocation of any stray animal is illegal. "As per ABC Rules, 2001 dogs picked up by local authority i.e. Nagar Nigam shall drop them back to its home territory after sterilization & vaccination. As per Rule 10 (4) ABC Rules, 2001,  10 days observation period is for dog who found to be with high probability of rabies."

Can Nagar Nigams relocate dogs to other areas?

"Nagar Nigam can not relocate dogs to other areas. If they do so, they will violate the provisions of ABC Rules, 2001 which will amount to cruelty to dogs punishable under section 11 of The Prevention of Cruelty to Animals Act, 1960," the animal rights told Zee News

"Besides, official of Nagar nigam shall face departmental action for dishonouring his/her public duties. Their act shall also be punishable under the Indian Penal Code, 1860 as well as under The Prevention of Corruption Act, 1988 if they found to be indulged in some illegal practice or violation of established law and procedure. 

Nagar Nigam are now days taking up fit, healthy dogs and putting them in kennels made for rabies infected dogs. They are not following rules and procedure as mentioned in ABC Rules, 2001. Only dogs with high probability can be kept for 10 days observation.
 

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