Srinagar- Observing that the issue relating to stray dogs is “complicated”, the High Court of J&K and Ladakh has called for “very coordinated action” from various agencies and authorities including NGOs working in the field to deal with it.
However, a division bench of Chief Justice N. Kotiswar Singh and Justice Wasim Sadiq Nargal underlined that it cannot entirely be left in the hands of the NGOs to cope with it.
Hearing a Public Interest Litigation, the Division Bench directed authorities to report to the court as to how effectively various decisions taken can be carried out.
“The issue relating to stray dogs is certainly a complicated one, which would require very coordinated action from various agencies and authorities including NGOs working in the field and cannot be dealt with in a simple manner,” the court said, observing that as far as UT of Jammu and Kashmir was concerned, a State Level Implementation and Monitoring Committee has been constituted to monitor the various issues relating to street dogs and its 3rd Meeting was held on 13 February this year.
The committee, comprising commissioners of SMC and JMC, took a number of decisions and were reproduced by the court in its order.
Among others, the committee underlined that compliance with Animal Birth Control Rules 2023 must be ensured for running any ABC programme.
It said ABC Monitoring Committees be constituted at Local authority levels in accordance with Animal Birth Control Rules, 2023, schedule II rule 3.
Commissioner JMC/SMC and Director Urban Local Bodies Jammu and Kashmir shall frame ABC Camps calendar and circulate among District Administrations for necessary support and action, it said.
The ABC Program must be halted in the months when minimum temperature goes below 6 degrees Celsius and Corporations shall cross-verify that the agencies engaged for sterilization and implementation of the programme are recognized by the Animal Welfare Board of India and have obtained Project Recognition in accordance with the ABC Rules 2023.
If found non-compliant, the committee said the contract with the agency shall be terminated and a report to be submitted within 15 days.
Director ULBK and ULBJ have been asked to identify land or abandoned buildings in each district for operationalization of the ABC programme. “They shall run Mobile Hospitals in collaboration with District Administrations and Animal Husbandry Department for immediate stop-gap arrangement.” They shall also send proposal for procuring subsidized mobile hospitals under Government of India scheme immediately, it said.
JMC/SMC/DULBJ/DULBK,the committee said, shall submit a Monthly Progress Report to the State ABC Committee.
Also, IEC activities, Awareness Programmes to be carried out on regular basis and hoardings shall be put by Corporations for adoption of Stray animals, the committee said
JMC Commissioner shall prepare a roadmap for creation of an SPV for conducting ABC program throughout the J&K and submit same within one month, the Committee said.
The Committee said a handbook for Animal Management, for ULBs of Jammu and Kashmir, must be drafted for circulation, which would cover all statutory duties of the local bodies with regard to animal management.
Assistance may be taken from AWBI and subject matter experts to prepare it, the committee said.
A nodal officer shall be nominated for the State ABC Monitoring Committee to coordinate with all ULBs regarding implementation of the recommendations of the committee, it said.
The committee also called for a comprehensive policy to be made for working animals in urban areas, keeping in mind the Draught and Pack Animals Rules 1965, Prevention of Cruelty to Animals Act 1960 and advisories of the AWBI.
Keeping in mind that equines carry zoonotic diseases and are used widely across the UT, the committee said the policy must include a registration regime which is granted after health examination.
An updated dairy policy to be made for all dairies in urban areas, to prevent abandoned and free roaming cattle in the cities, it said. The policy, the committee said, shall be compliant with Guidelines of Central Pollution Control Board, mandated by the NGT.
“We are of the view that since certain decisions were taken, which appear to be in the right direction to deal with the issue, it would be more appropriate that the authorities concerned implement the same in its true spirit,” the court said.
The court said while both the JMC and SMC have engaged the services of NGOs, but it would require sustained participation of the authorities “rather than leaving the issue entirely in the hands of the NGOs.”
“Inasmuch as, from the decision taken by the Committee, it appears that it cannot be left entirely to the NGOs concerned to deal with the issue arising out of stray dogs and accordingly, we reproduced the decision taken by the Committee and direct the respondents authorities to report this court as to how effectively the aforesaid decisions can be carried out,” the court said.
The court said that it has also been apprised that constitution of Special Purpose Vehicles (SPVs) within the Urban Development Department would also go a long way in dealing with the various issues arising out of stray dogs in terms of Rules 10(5), 10(6) and 10(7) of the Animal Birth Control Rules 2023.
“Certain suggestions have also been made, which have been placed on record vide Annexure –XI and XII in the form of Strategic Framework for Establishing a Dedicated Animal Birth Control Entity in J&K’s Urban Local Bodies, the authorities will examine the same and take into consideration the suggestions so made,” the court added.
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