The Bombay High Court has reserved its judgement on the issue of rehabilitating stray dogs in Mumbai.
Petitioner, In Defence of Animals, in their written submissions had earlier said that the idea of ‘killing dogs’ advocated for controlling their population is barbaric, inhuman and unconstitutional. According to them, BMC has in the past adopted this strategy and failed.
“From 1939 to 1999, the corporation has put to sleep 25 lakh dogs and in spite of that they have failed,” the petition had said.
The NGO submits that through out the world countries which have opted for sterilization of dogs have been successful in controlling their population. Senior counsel Aspi Chinoy, who appeared for NGO Welfare of Stray Dogs (which is carrying out the sterilization process), submitted that the population of the dogs never went down but the rabies death had come down by one-third. He argued that it is not right to say that the city is at the mercy of rabid dogs.
Other organizations that have moved court submitted that the question is regarding the killing of violent or rabid dogs. The court was also told that such decisions should be left at the discretion of the Municipal Commissioner.
State government on the other hand had supported the BMC regarding the validity of the BMC Act which gives them powers to kill stray dogs. According to provision 191 B A (2) of the Municipal Corporation Act, the Municipal Commissioner in his discretion may sell or provide shelter or destroy stray dogs.
BMC had earlier stated that it has the power to kill the dogs. BMC had also stated before the full bench of Justice Dr S Radhakrishnan, Justice D B Bhosale and Justice V K Tahilramani about the huge financial constraints connected with the rehabilitation of stray dogs in dog shelters. BMC also contended that there is no need for additional dog shelters as they have kennels and dogs can also be given for adoption.