Court: Delhi High Court
Bench: Chief Justice Manmohan, with Justice Tushar Rao Gedela
Case Title: NYAYA BHOOMI Vs. Govt. of NCT of Delhi & Ors.
Case No: W.P.(C) 3346/2015
Date of Order: 25 Oct 2024
Connected Cases: W.P.(C) 6914/2015 The Society for Public Cause Vs. UOI & Ors & W.P.(C) 14560/2024 Dhananjay Sanjogta Foundation Vs. Deptt of Animal Husbandry & Dairying & Anr.
Summary
In a public interest litigation (PIL) petition hearing concerning stray animal attacks on persons with disabilities (PwDs) and the overall public in Delhi, the Delhi High Court called for an urgent yet balanced approach to address the issue. The PIL, scrutinized the threats posed by stray dogs, monkeys, and other animals, particularly in sensitive areas like the All India Institute of Medical Sciences (AIIMS) and city hospitals.
A division bench led by Chief Justice Manmohan and Justice Tushar Rao Gedela stressed the need for policies that address animal control while protecting human rights, particularly for PwDs. They directed the Chief Secretary of Delhi to convene a meeting with key stakeholders to prioritize clearing hospitals and public spaces of stray animals to ensure public safety.
Key Arguments and Observations: Protection for PwDs Amid Rising Stray Populations
The hearing underscored that stray animals, such as monkeys and dogs, increasingly pose risks for PwDs, making it challenging for them to navigate the streets of Delhi. Advocate Rahul Bajaj, representing the petitioners, emphasized that the current Animal Birth Control Rules, 2023 overlook the risks to PwDs, making them non-compliant with the Rights of Persons with Disabilities Act, 2016 (RPwD). Bajaj pointed out that while PwDs support animal welfare, a practical solution allowing safe access to public spaces is essential.
Chief Justice Manmohan commented, “Society comprises various groups, including people with disabilities, who have a genuine problem. It’s impossible to walk in Delhi without being threatened by stray animals. We must balance respect for stray animals with respect for human beings.” Justice Gedela added that hospitals and public spaces should not be compromised, noting that institutions like AIIMS must maintain a clean environment free of stray animals to protect patients undergoing critical care.
Monkeys in Tis Hazari: A Need for Relocation
The bench also highlighted the issue of monkeys flocking to Tis Hazari court premises, pointing out the impact on daily operations. Chief Justice Manmohan noted, “Monkeys are wild animals, not companion animals. This misplaced sympathy is affecting people’s safety and functionality in public institutions.” The court directed authorities to address the issue by relocating monkeys to the Asola Wildlife Sanctuary, citing the need for a “sensible balance” that considers both animal welfare and public safety.
PwDs’ Right to Walk Safely in Delhi: Stray Animals and Public Access
The court emphasized the fundamental rights of PwDs to access public spaces safely, questioning the effectiveness of sterilization programs aimed at controlling stray populations. “Main streets of Delhi must be accessible,” remarked the Chief Justice. “PwDs have a fundamental right to walk without the threat of being attacked by stray animals. Imagine a visually impaired person trying to walk in South Delhi, where even we struggle with strays.”
The petitioners argued that visually impaired individuals often face attacks from stray animals as the animals misinterpret their walking sticks as a threat. The Chief Justice, aligning with Bajaj's arguments, stated that such attacks prevent PwDs from safely navigating city streets and parks, effectively violating their right to move freely.
Broad Action Plan and Stakeholder Meeting Scheduled
To address this, the court mandated a meeting on November 4 at 4:30 pm at the Chief Secretary’s office. The meeting is to include stakeholders such as the heads of the New Delhi Municipal Council (NDMC), Municipal Corporation of Delhi (MCD), the Forest Department, Animal Welfare Board (AWB) of Delhi, and other key officials. Advocate Rahul Bajaj and other legal representatives, including Amar Jain and Gauri Maulekhi—who has expertise in animal welfare—are also expected to attend.
Action Steps and Observations on Feeding Strays and Litter Control
The court pointed out indiscriminate feeding as a contributing factor to stray animal proliferation in public areas, leading to litter and health hazards. The bench remarked, “We see cars loaded with food, and people litter the area in the name of feeding strays. This practice must be regulated to ensure clean public spaces.”
Operational Changes in Stray Animal Control Mechanisms
The court criticized the Animal Welfare Board for relying on ineffective sterilization guidelines, urging it to consider alternative, viable methods. Advocate Gauri Maulekhi noted that while surgical sterilization fails in many cases, immuno-contraception is a recognized global solution for wild animals. She pointed out that institutions like the Wildlife Institute of India (WII) and the National Institute of Immunology have explored this technique, although its implementation is still pending.
However, the court emphasized urgency, saying, “We cannot ask persons with disabilities to wait a decade while science catches up. It’s imperative to develop a solution now, ensuring a safe environment for all Delhi residents.”
Interim Relief for Hospitals and Priority Public Spaces
The court directed that hospitals like AIIMS and other public parks should immediately be prioritized for animal control. To achieve this, a “strict regime” was advised to regulate stray animals in hospitals and children’s parks.
In concluding remarks, the Chief Justice called for mutual understanding, stating, “We must balance everyone’s interests. No one’s rights are above the other. Civil society must work with local authorities to find an immediate solution, recognizing the equal rights of persons with disabilities and addressing public safety concerns.”
The matter is scheduled for further hearing on 18 November, 2024. The court’s directive reflects a pivotal moment in Delhi’s approach to animal control, emphasizing both a humane response and the urgent need to safeguard the city’s residents, especially those with disabilities.
The Chief Secretary of GNCTD as well as Respondents have been directed to file a fresh status report before the next hearing. The matter is next listed on 18 Nov 2024.
Read the order here: