SOP OF PCA ACT & RELATED LAWS FOR STRAY(Indian) DOGS
Post no 1166 dt 20/03/2020
Dr Rajesh kumar singh Jamshedpur, jharkhand,India rajeshsinghvet@gmail.com 9431309542
1. High Court passed an order asking the police to provide protection to dogs and dog feeders and has made it a PUNISHABLE OFFENCE IN CASE ANYONE RESTRICTS, PROHIBITS OR CAUSES INCONVENIENCE TO ANY PERSON FEEDING A STREET DOG OR RESORTS TO REMOVAL OR DISLOCATION OR KILLING A DOG.
2. SECTION 503:- Indian Penal Code 1860, provides that intimidation is a criminal offence which is cognizable. ANYONE WHO THREATENS OR INTIMIDATES ANY PERSON TAKING CARE OF DOGS IS LIABLE FOR CRIMINAL INTIMIDATION UNDER SECTION 503 OF INDIAN PENAL CODE AND CAN BE ARRESTED WITHOUT A WARRANT.
3. SECTION 506:- IT IS A CRIME TO THREATEN, ABUSE OR HARASS NEIGHBOURS WHO FEED ANIMALS.
4. I.P.C. Section 428 and 429 provides SEVERE PUNISHMENT (up to 5 years imprisonment) TO PEOPLE RESORTING TO DISLOCATION, ABDUCTION, AND ACTS OF CRUELTY towards community animals or pets.
5. Delhi Police act 1968, sections 73 to 79, 99 gives special powers to police to take action when an animal offence has been committed.
6. Section 11 of the Prevention of Cruelty to Animals Act makes all animal cruelty a criminal offence. Fines and imprisonment are both provided for. The Indian Penal Code has similar provisions.
7. The Animal Birth Control (Dog) Rules, 2001, enacted under the Prevention of Cruelty to Animals Act, provide for sterilization and vaccination as a means of stabilizing/reducing stray dog populations and eliminating the risk of rabies; and prohibits relocation of stray dogs, i.e. throwing, or driving them out of one area, into another. An order passed by the Supreme Court of India in this regard, which prohibits removal, dislocation or killing of all dogs.
8. Under Stray Dog Management Rules 2001, IT IS ILLEGAL FOR AN INDIVIDUAL, RWA or estate management to remove or relocate dogs. The dogs have to be sterilized and vaccinated and returned to the same area. Vaccinated and sterilized dogs cannot be removed by the municipality too.
9. Ministry of Public Grievances notification and a similar notification by Animal Welfare Board of India to PROVIDE IMMUNITY TO ANIMAL FEEDERS AND RESTRICT and restrict government employees or bodies such as Resident Welfare Associations SOCIETIES FROM HARASSING PEOPLE WHO FEED OR HELP ANIMALS.
10. The Supreme Court of India gave a similar stay order against removal culling or dislocation of a dog anywhere in India.
*Article 51-A (g) states – ” It shall be duty of every citizen of India to protect & improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.” So the animal lover is protected under the Constitution.
*Article 19 of the Constitution of India, deals with right to freedom and in this freedom comes the right to profession, occupation, trade and business which means that if someone has taken the caring of animals as his occupation, it is legal and he has every right to carry on with his occupation.
*Article 21 of the Constitution of India states the right to personal life and liberty. If someone wants to feed and provide shelter to dogs, he is at liberty to do so. He has the same right to liberty that the law provides to every citizen of India.
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