Rahul Bendugade
Asked May 03, 2017

Dogs creating nuisance in society

  • 2 Answers
  • 1154 Views

Hello, This matter requires immediate attention, kindly provide some feedback as soon as possible. Here is the Case - Yesterday my uncle had a problem in his society regarding re-location of stray dogs. The street is filled with stray dogs and unluckily they all land up right in front of his building and cause a problem to people there. To add to the problem there were puppies produced and they keep roaming all over the street and because start causing problems like chasing cars, growling/or barking at passerby residents, my uncle paid some local street cleaners to re-locate them. the scene here was that there were some women who used to feed these pups and dogs and they were very angry and they called up the animal welfare board and complained against these women. the board official called these workers and threatened to file a police complaint against who so ever was involved in this (which indirectly includes my uncle). The female dog is neither sterilized nor is she spayed which can reduce the problem of re-producing and harassing residents. I feel if these women are so much in love with these dogs should 'collar' them,look after them and specially get the female spayed (this is healthy for the dog as well as admissible by the ABC act for street dogs), but neither of this is done. due to the threat received from the official the puppies that were taken by the workers were got back as they were scared of the police threat. the problem here is those women claim there were four puppies and one is still missing and the official with the AWBI is saying the same thing that get all the 4 puppies back or he'll file charges and get the police to arrest everyone! now I tried talking to him saying that there's another side to the story where senior citizens are chased and troubled by these litters that grow up, but he was adamant to get the police if the puppy was not found. Now my uncle and those workers are a bit scared as they didn't think the repercussions could be so bad, they are trying to find the 4th puppy because of this threat. now in our defense, my uncle is a govt. employee who recently retired at the age of 62, and was a professor at the university, he's a law abiding, tax paying citizen who pays almost 25000 in taxes to the govt. every month! is it fair to him to feel scared because of the increasing stray dogs and some women who claim to be animal lovers, he cant go for night walks as he's scared of dogs. my questions are: is this really that big a crime? if it goes to the police, is it a cog or a non-cog offence? please provide some feedback on this and as to what to do next? those women workers and my uncle are pretty stressed out please kindly help ASAP.

Answers 2

Hi, there are adequate laws and local rules for protection of animals. like the The Prevention of Cruelty Animals Act,1960, 

As per the said Act, If any animal is subjected to any form of cruelty specified treated in any cruel way, in any of the ways provided under Section11 (a) to (o) , the offender shall be liable to pay fine up to Rs. 100 or with imprisonment for a term which may extend to three months or with both.

Barring a few offences, as stated in Section 11, most of them are Non-Cognizable in nature.

As far as the issue of relocation is concerned Under the Govt. of India, Animal Birth Control Rules 2001, no sterilized dogs can be relocated from their area and the sterilized dogs have to remain in their original areas. You can seek help of animal welfare NGO's to carry out ABC program in your society. One such drive was carried out by Neighbourhoodwoof at IIT Delhi. https://www.facebook.com/Neighbourhoodwoof/ 

This issue can be resolved at your RWA level, and jointly you can get an ABC program and vaccination of the said dogs. Once the same is carried out, no one would be bothered much, if the pack of dogs is healthy and is not increasing rapidly.

 

Agree Comment 0 Agrees over 3 years ago

In the present case S. 11 of the Prevention of Cruelty to Animals Acts 1960[1] should not be applicable as your uncle’s act of relocating the stray dogs did not amount to cruelty as defined under this provision.  You uncle may be held to have committed the offence of cruelty only if the relocation was such that the dogs were abandoned in circumstances which rendered it likely that they would suffer pain by reason of starvation or thirst [S. 11(i) of the Act]. Moreover, the ABC Rules, 2001 mandate that stray dogs are released to their original location after completion of sterilization process and hence, relocation of sterilized dogs may be considered to be an offence as the aim behind this rule is to ensure that a locality with sterilized dogs is not infiltrated with non-sterilized dogs, nullifying the effort to control the growth of stray dogs. Hence, as the stray dogs were not sterilized in the first place, the act of relocating the dogs would, in most probability, not amount to an offence. You may however contact ABC authorities, under Rule 7[2], to capture the dogs creating nuisance .

 

[1] Available at: https://indiankanoon.org/doc/1763700/.

[2] Available at: https://jaagrutiindia.files.wordpress.com/2010/04/the-animal-birth-control-dogs-rules-20011.pdf.

Agree Comment 0 Agrees over 3 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.