When man bites a dog
If a stray dog bites, is the RWA allowed to relocate that group of dogs in a colony when all those dogs were sterilised by the association itself?
Whether or not a stray dog bites, no RWA is allowed to relocate sterilised dogs according to Animal Welfare Board of India (AWBI) Guide Lines 3/3/2008. This is simply creating a problem for other people and is extremely selfish. The dog should be dealt with through designated agencies in
government/local self-government organisations/ NGO’s etc. The Animal Welfare Board of India is a statutory advisory body on Animal Welfare Laws and promotes animal welfare in the country.
Established in 1962 under Section 4 of the Prevention of Cruelty to Animals Act, 1960 (No. 59 of 1960). Recognised Associations in government colonies may approach such institutions for redressal of their grievances. All the problems of stray animals have to be handled within the institutional framework available and. No resident association, recognised or unrecognised, shall take recourse to action on their own, either themselves or through any person employed by them like security guards etc. Regarding the dog biting , this may be because it has been unnecessarily beaten or hurt by a resident or been provoked unnessarily. An inquiry should be held into the reason.
What action can be taken against the RWA if they re-locate them without the permission from the municipal or any other concerned authorities?
Relocation of dogs is against law. As per Indian law, street dogs cannot be beaten, killed or driven away or displaced or dislocated, they can only be sterilised in the manner envisaged in the The Animal Birth Control (Dogs) Rules, 2001 enacted under the Indian Prevention of Cruelty to Animals Act 1960 (A Central Act),vaccinated, and then returned back to their original locations.
Rule 6 and Rule 7 of The Animal Birth Control (Dogs) Rules, 2001, state as follows:
1. Rule 6 clearly envisages that even if the Municipal Corporation thinks it expedient to control street dog populations; IT CANNOT RESORT TO KILLING OR DISLOCATING. It can only sterilise and immunise the dogs, and then leave them at the locations that they had been picked up from.
2. Rule 7 deals with the procedure to be followed upon receipt of a complaint. Please also note, the municipality, cannot just pick up dogs, simply because some persons/administrators don’t like their being around. Even the dogs that are complained about can only be sterilised and immunised, and then left back at the locations that they had been picked up from.
Please note there is a specific bar against dislocating dogs, since the same tends to interfere with and jeopardise the area-wise animal birth control.
For the area-wise sterilisation programme mandated by law, dogs have to be returned back to their original habitat after sterilisation and immunisation. These dogs then tend to fight off other, newer, possibly unsterilised and unvaccinated dogs from entering their territories, since dogs are highly territorial in nature.
Dislocation of street dogs has proven to be counter-productive and only favours the entry of other non-sterilised street dogs into the area, which will not only be unknown to you but also to those who tend to the area’s street dogs, thus raising more cases of man-animal conflict.
Police complaint should be filed against RWA officials in their name for violating the above
How can a common man, residing in or outside the colony, take action against such illegal activities? Can police help?
Anybody can file police complaint in police for the relocation of the dogs. He can complain to police in the name of that person under Prevention of Cruelty (PCA )Act 1960 Sec 11 and violation of Animal Welfare Board of India (AWBI) Guide Lines 3/3/2008. He should take evidence in the form of pictures, audio, video to make his case strong.
Who can help the animal lovers from the daily harassment faced by them for feeding dogs outside their respective house?
Local animal welfare organisations, like People For Animals can be contacted on the email firstname.lastname@example.org. They can intervene by explaining the laws to concerned persons and help to file police complaint in this regard. If anyone in the RWA threatens , they should be immediately report on for criminal intimidation. Please remember: RWAs have no legal entity.
Police complaint should be filed in the nearest police station under Indian Penal Code Section 503/506 criminal intimidation , 504 Intentional insult with intend to provoke breach of peace, as the case may be.
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