Mumbai: Observing that stray animals are a part of our society and that we have to live with them and care for them, the Bombay high court on Tuesday asked the residents of a housing society in suburban Kandivali to amicably resolve issues over feeding of 18 stray dogs inside the society premises.
A bench of Justices Girish Kulkarni and RN Laddha has asked the RNA Royale Park Cooperative Housing Society Limited in Kandivali West to consider allowing a society member, Paromita Purthan, to feed the dogs in parking area instead of at the society gate till the time they designate a parking spot for the stray animals.
Complainant mentioned that the society does not have a designated spot for dog feeding
The HC was hearing a petition filed by Paromita alleging cruelty on the part of the managing committee for restraining her from feeding 18 stray dogs in the society premises. Besides, she pointed out that the society had not designated a feeding spot for the animals as per the provisions of the Animal Birth Control Rules, 2023.
The plea alleged that the society had passed a resolution on November 13, 2022, wherein it decided to hire ‘bouncers’ to protect the residents and stop the feeders from feeding the dogs.
Directing the society to allow Parimita to feed the dogs inside the society premises, the HC suggested that the parking space can be used for the purpose.
The HC has kept the matter for hearing on April 6.
What did Justice Kulkarni say?
During the hearing on Tuesday, Justice Kulkarni pointed out that there were several cats residing in the high court premises. “Have you seen the number of cats, they are sometimes sitting on the dias too. You take them anywhere they will come back,” said justice Kulkarni emphasising that the animals need to be cared for. “You have nurtured those dogs; they are part of your society. These are all living beings, we have to care for them. Do not drag them out,” he added.
Due to hunger or breed, some dogs may be aggressive, but not all dogs can be put in the same category, added the judge. “So many good breed dogs are abandoned. We have to live with this. We cannot live without animals, we have to take care of them, that is what SC says,” added Justice Kulkarni.
Justice Kulkarni slams the co-operative society
Chiding the society over the issue, justice Kulkarni said: “Everything non-co-operative happens in co-operative society.”
Turning down the society’s request to restrain Paromita from feeding the stray dogs, the bench said: “You cannot have it both ways. You cannot say they cannot feed in parking but don’t give designated feeding spot.”
In a detailed order passed on Monday, the HC had sounded a “word of caution” to the members of the managing committee and other members that “to hate the stray dogs and/or treat them with cruelty can never be an acceptable approach, from persons of civil society”. Such an act of cruelty to such animals would be against the Constitutional ethos and the statutory provisions, it added.
