.
NEW DELHI: Heeding a chorus of pleas from multiple activists and animal rights groups to be allowed to protect or keep stray dogs in public spaces, the Supreme Court on Wednesday said they can feed and care for the canines but will have to face tort liability for any harm caused to the public by the animals.A bench comprising Justices Vikram Nath, Sandeep Mehta and NV Anjaria said the right to protect stray dogs in public spaces cannot be divorced from the obligation to ensure that such actions do not result in harm to others and made it clear that right and responsibility go hand in hand.It said: “While considerable emphasis has been placed on the protection, feeding and continued presence of community dogs in public and institutional spaces, the pertinent question arises as to whether such individuals, organizations and associations would be willing to assume the corresponding legal responsibility for the consequences that arise therefrom.”
Animal rights cannot operate in isolation: SCIn particular, whether such animal welfare organisations, associations or individuals, claiming to care for or exercise control over stray dogs in a particular locality, would be willing to accept liability in tort in respect of any injury, damage or harm caused by such dogs to the public,” the court said.It was held before the court that the National Academy of Legal Studies and Research, University of Law (Nalsar), Hyderabad, has institutionalized humane treatment of stray dogs on its campus by setting up an Animal Law Centre. It was also stated that similar social experiments could be carried out in other educational institutions, which would act in compliance with the Animal Birth Control (ABC) Rules. The center said such an exercise would instill empathy among students and inspire them to be kind to animals.Allowing the center to continue its work on an experimental basis, the court ordered the Animal Law Center to give an undertaking to the vice-chancellor of Nalsar that in the event of any incident of stray dog biting occurring within the campus, the center will have to face tort liability for the injuries caused to the persons involved. “This court is of the view that any framework relating to the management and protection of stray dogs must necessarily be accompanied by clearly defined principles of responsibility.The assertion of rights or interests in favor of such animals cannot operate in isolation, divorced from the corresponding responsibility of safeguarding human life and safety,” the court said. “Insofar as animal welfare groups or student-run bodies in educational institutions are concerned, it shall be mandatory for any group or body operating within such campuses to expressly assume such responsibility by submitting an affidavit to that effect before the principal of the institution concerned, failing which such activity of keeping or feeding dogs will not be permitted. street signs within institutional facilities.Non-compliance would imply appropriate action against the director of the institution in question,” he said.