Affirming the Right to Feed Street Animals and Preventing Illegal Displacement

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The Issue

We, the undersigned, concerned citizens and animal welfare advocates, respectfully submit this petition to uphold the principles of compassion, Constitutional duties, and the spirit of your own progressive rulings on animal welfare.

The Urgent Appeal

Despite the Animal Birth Control (ABC) Rules, 2023, and numerous judicial pronouncements, citizens dedicated to animal welfare are being subjected to harassment, intimidation, and legal threats for fulfilling their moral and constitutional duty under Article 51A(g) to show compassion for living creatures. Furthermore, local authorities and Resident Welfare Associations (RWAs) continue to illegally displace sterilised community animals, frustrating the objectives of the ABC programme.

I. The Right to Feed Community Animals

Your Hon'ble Court and various High Courts have consistently affirmed that feeding street animals is a necessity for their survival and an act protected by law. However, the operational reality on the ground is marked by conflict:

• Harassment and Intimidation: Feeders across the country are routinely harassed, threatened with fines, and physically prevented from providing food and water to animals in their designated territories. This directly violates the spirit of the AWBI advisories and court orders that prohibit the harassment of animal feeders.

• Misinterpretation of "Designated Feeding Spots": While the requirement for designated feeding spots (DFS) is a welcome step to regulate feeding, many local bodies fail to establish them. In the absence of DFS, citizens are forced to feed in public spaces and are consequently punished, effectively creating a de facto ban on feeding, which is contrary to the law.

Prayer for Feeding: We respectfully pray that the Hon'ble Court issue clear, unequivocal directions:

• Reinforce the liberty of animal-loving citizens to feed community animals as a constitutional duty under Article 51A(g).

• Mandate all Municipal Corporations/local bodies to establish the requisite number of Designated Feeding Spots (DFS) in every ward within a strict, time-bound framework (e.g., 8-12 weeks).

• Issue a directive that until adequate DFS are formally established and demarcated by the authorities, feeding animals in public spaces, while maintaining strict hygiene, shall not be penalised and the feeder shall be protected from harassment.

II. Illegal Displacement of Sterilised Animals

The ABC Rules, 2023, are premised on the principle of sterilise-and-release, which holds that sterilised, vaccinated community dogs must be returned to their original territory to stabilise the population and prevent the influx of new, unsterilised animals from adjacent areas (the 'vacuum effect').

• Frustration of ABC Programme: Instances of local authorities or RWAs illegally capturing, relocating, and displacing sterilised, non-aggressive animals are rampant. This arbitrary displacement not only causes immense suffering to the animals but also actively undermines and defeats the entire Animal Birth Control programme.

• Threat to Animal Life and Public Safety: Displaced animals are confused, prone to aggression in new territories, and susceptible to culling or injury, leading to an overall increase in conflict and public safety concerns.

Prayer for Displacement: We respectfully pray that the Hon'ble Court issue clear, unequivocal directions:

• Strictly prohibit the permanent removal or relocation of any community animal, including dogs and cats, that have been sterilised and vaccinated, except in cases of confirmed rabies or clinically certified aggression, as per the ABC Rules, 2023.

• Establish a clear mechanism for immediate and severe penalty for any RWA, individual, or local body official found illegally displacing community animals.

• Mandate that all municipal bodies maintain a public, ward-wise register of sterilised dogs, including their pick-up and release locations, to ensure transparency and accountability.

We believe that clarity, enforcement, and compassion are the three pillars required to harmonise human-animal coexistence. By affirming the right to feed and preventing illegal displacement, the Hon'ble Supreme Court will secure the welfare of community animals and protect the rights of its compassionate citizens.

Thank you for your timely intervention in this matter of public and constitutional importance.

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Kaustubh BanerjeePetition Starter

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