3/22/23, 4:20 PM
Delhi Body's Advisory On Killing Stray Dogs Challenged, Notice To Centre
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Delhi Body's Advisory On Killing Stray Dogs Challenged, Notice To Centre
Delhi Body's Advisory On Killing Stray Dogs
Challenged, Notice To Centre
The petitioner prays to strike down the portion which is irksome to the parent act and to define the
jurisdiction of the Municipal corporation of Delhi over the community/ street/stray dogs.
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3/22/23, 4:20 PM
Delhi Body's Advisory On Killing Stray Dogs Challenged, Notice To Centre
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The Bench was headed by Delhi's Chief Justice Satish Chander Sharma. (Representational)
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New Delhi: The Delhi High Court has issued notice to the Centre, its authorities
and MCD on a Public Interest Litigation (PIL) challenging sections of the Delhi
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Municipal Act 1957 granting power to the civic body to "detain" and "destroy"
unregistered/street/ stray dogs found wandering in public places.
The petitioner prays to strike down the portion which is irksome to the parent act
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and to define the jurisdiction of the Municipal corporation of Delhi over the
community/ street/stray dogs.
The Bench headed by Delhi's Chief Justice Satish Chander Sharma, also
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comprising Justice Subramonium Prasad, has sought a response from the
Ministry of Home Affairs (MHA), Ministry of Environment and wildlife, Municipal
Corporation of Delhi (MCD) and Animal Welfare Board of India and fixed the
matter for February 10, 2023, for next hearing.
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The plea stated that Delhi Municipal act 1957 was enacted in 1958 which vested
powers in the Commissioner, MCD (a statutory body) to take care of the
municipalities in the areas coming under the corporation, in as much as the
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matters of the corporation were concerned.
It is submitted under section 399 of the DMC act 1957, the legislature
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empowered the municipal corporation to "register and control dogs" in the areas
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under challenge reads as DMC Act 1957.
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It is submitted in the plea that under sub-section 1 (c) of section 399 of the DMC
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coming under the control of the municipality in Delhi. The part of the statute
act 1957, the provision of any dog which has not been registered or which is not
wearing a token, shall if found in any public place, be detained at a place, set
apart for the purpose.
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Delhi Body's Advisory On Killing Stray Dogs Challenged, Notice To Centre
Delhi High Court
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It was further submitted that under sub-section 1(d) of section 399 a dog which
had been detained if not claimed within one week of such detention, shall be
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destroyed or otherwise disposed of unless it is claimed and the fee is paid within
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The plea stated that there are enough provisions in the law to suggest
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animals have an inherent right to live therefore, the draconian provisions
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aforementioned u/s 399 in the DMC act 1957 are ultra-vires to the constitution,
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unconstitutional and conflicting with the parent statute.
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Whereas on the other end the very same Government of India (GOI) has drawn a
legislation to protect the animals from infliction of cruelty from humans and
under the rules notified in (care and maintenance of case property dogs) rules
2017, the UOI has provided to put up abandoned dogs for adoption, the plea read.
(Except for the headline, this story has not been edited by NDTV
staff and is published from a syndicated feed.)
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Delhi High Court,Street
Dogs,Ministry of Home
Affairs
3rd ODI
AUS
vs
IND
185/5
OVR 34.5
Play In Progress
Batting
Alex Carey*
Marcus
Stoin..
Bowling
Axar Patel
R
27
B
35
19
18
W/R
0/39
O
5.5
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