During a
hearing on the stray dogs case, the Supreme Court directed women who feed dogs
and have raised allegations of harassment and assault by self-styled
anti-feeder vigilantes to file First Information Reports (FIRs) and seek
remedies from the appropriate High Courts. The bench emphasized that such acts
constitute criminal offenses under the penal code and advised the affected
individuals to engage with law enforcement authorities to ensure FIRs are
registered. The court pointed out that it cannot oversee every individual
complaint, as procedures exist for addressing these issues through proper
channels. If harassment is occurring, particularly against women, the aggrieved
parties should pursue FIR registration, with established mechanisms available
for this purpose.
The
matter was heard by a bench comprising Justices Vikram Nath, Sandeep Mehta, and
NV Anjaria. The court declined to entertain claims of violence against women
dog feeders and caregivers at the apex level, classifying it as a law and order
concern. It reiterated that remedies are accessible under existing penal laws
for those impacted. Senior Advocate Mahalakshmi Pavani, representing an animal
rights activist, informed the court that dog feeders, especially women, are
facing severe mistreatment, including molestation, physical beatings,
disrobing, and defamation by these vigilantes. She referenced specific
incidents, such as one in Ghaziabad where a woman was reportedly slapped 19
times in under a minute, yet no FIR was lodged despite complaints. Pavani also
mentioned that in certain residential societies in Haryana, bouncers have been
employed to confront and intimidate dog feeders.
The
advocate further argued that authorities are passively endorsing this behaviour
by failing to register FIRs from women dog feeders who approach them for help.
In response, the bench advised that remedies could be sought before the
relevant Magistrates or High Courts, in line with the principles outlined in
the Lalita Kumari judgment. The court noted that its prior orders in the case
were confined to the presence of canines on public roads and in institutions,
and thus the arguments presented extended beyond the current proceedings'
scope.
Pavani
then brought up concerns regarding unregulated dog breeding and the importation
of exotic breeds, suggesting that the preference for foreign dogs contributes
to the proliferation of indigenous strays. However, the bench dismissed these
points as irrelevant to the ongoing case, urging counsel to focus on the issues
at hand rather than using the platform for unrelated objectives. If any
illegalities exist in the import or breeding of foreign dog breeds, the
appropriate provisions in the relevant Act should be invoked, as these matters
are unrelated to the stray dogs issue. The court clarified that its orders are
strictly limited to stray or street dogs and do not pertain to breeding
practices. It cautioned against broadening the discussion to extraneous topics,
such as the importation of other animals like cheetahs, emphasizing that such
expansions are excessive.
Later,
Pavani highlighted derogatory statements directed at women dog feeders,
claiming that anti-feeder vigilantes are assuming roles to enforce court orders
while using abusive language. She questioned how individuals could be permitted
to employ such terms under the pretext of judicial directives. The bench
responded that the public has the freedom to criticize others, including in
harsh or derogatory ways, and noted that even the judiciary faces similar
criticism without reaction. However, if remarks cross into unacceptable
territory, such as insinuating that women engage in inappropriate acts with
dogs for personal satisfaction, the affected parties should take legal action
against those responsible. The court stressed that its orders do not grant
anyone license to make such statements, and appropriate measures should be
pursued if they occur. Pavani warned of a potential nationwide crisis where
women feeders are hounded by molesters, possibly requiring the court to
intervene suo motu in the future.
In the
context of an article on feral dogs that one justice had previously instructed
counsels to review, Pavani drew a distinction between stray and feral dogs. She
pointed out that the article's author acknowledges the problem as
human-induced, stemming from issues like unmanaged garbage and waste.