Setting Aside Unconstitutional Ban on Pet Owners by Ghaziabad Nagar Nigam.

The Issue

Ghaziabad Nagar Nigam has made unconstitutional rules for pet owners which are outright unjustifiable as they violate fundamental rights. 

As per their rules pet owner can not have more than 2 dogs as the registration of dogs are now restricted to 2 dogs only: 

It is wrong & purely unconstitutional because if someone wants to adopt more than 2 indian stray dogs, he can not adopt. This illegal rule is apparent interference in freedom of citizen. It is invasion over right to live life as he/she wants and also hamper the practice of reducing human-animal conflict which involves the adoption of stray dogs. Adoption of stray dogs has also been quoted by Hon'ble Prime Minister of India Sh. Narender Modi Ji in his speech to the nation. Apart from sterilization, this method is also fruitful to control the population of dogs. It is pertinent to mention that we all aware about the present status of sterilization drive in India as there are numerous stray dogs are not getting sterilised properly  by local authority even in Ghaziabad where mismanagement in sterilization drive can easily be seen. 

Secondly, they have banned keeping some specific breed dogs like Pitbull, Rottweiler, Dogo Argentino:

It is to state that this matter is purely personal choice and freedom of citizen of India. Besides, all over India there is no ban on keeping any type & number of dogs then why Ghaziabad Nagar Nigam is not giving due care to constitutional provisions? Ratan Tata, Ranbir Kapoor, Alia Bhatt, Salman Khan, etc. can keep Pitbull, rotweiler, etc. But not the people of Ghaziabad? Mahendra Singh Dhoni, a former captain of Indian Cricket Team has several breed dogs at his farm house so why Ghaziabad is the only district who has snatched the freedom? Why such discrimination?  Anyone can keep any breed dog in India because for dog bite already punishment is given under section 289 IPC. Further, dog bite is not new offence as it has been inserted in IPC during British Regime in 1860 then why today making it big issue? Why pretending like, " a dog is biting for the first time? If dog bites then owner is liable so why all community should suffer for the act of one person? 

Thirdly, they have made compulsory use of muzzles for dogs everywhere & everytime:

On this, it is to tell you that putting muzzle for long time is now deteriorating the health of dogs. Ghaziabad Nagar Nigam has made compulsory rule for using muzzle without taking the health of dogs into account. Ghaziabad Nagar Nigam also have veterinarian then why did they take such decision which is indeed  harmful for dogs. In addition, now people started to harass to those pet owners too who are using muzzle. There have been several clashes reported recently where pet owners were unnecessarily becoming subject of harassment even after putting muzzle on their dogs. Putting muzzle for long time resulting into serious illness in dogs like they are now started to suffer breathing issues. These all crucial factors Ghaziabad Nagar Nigam never took into consideration before passing such reckless rules. 

It is important to mention that Ghaziabad Nagar Nigam is a constitutional body & misuse of such body is serious threat to Constitution of India. Further, Ghaziabad Nagar Nigam even do not pay heed to request for feeding points. Public office can not be used as per desire and wish of some people. They even never take an action in case of cruelty against animal. Secondly, Ghaziabad Nagar Nigam acting beyond its power because dog bite is subject to written law & do not come under the ambit of jurisdiction of Municipality as they can not punish pet owner.

 

Therefore, keeping in view, the all these facts and existing laws particularly our fundamental rights:

Kindly be pleased to set aside unconstitutional, unlawful, baseless rules passed/made by Ghaziabad Nagar Nigam with respect to pet owners as these are outright violating the fundamental rights and other constitutional provisions. 

This petition had 442 supporters

The Issue

Ghaziabad Nagar Nigam has made unconstitutional rules for pet owners which are outright unjustifiable as they violate fundamental rights. 

As per their rules pet owner can not have more than 2 dogs as the registration of dogs are now restricted to 2 dogs only: 

It is wrong & purely unconstitutional because if someone wants to adopt more than 2 indian stray dogs, he can not adopt. This illegal rule is apparent interference in freedom of citizen. It is invasion over right to live life as he/she wants and also hamper the practice of reducing human-animal conflict which involves the adoption of stray dogs. Adoption of stray dogs has also been quoted by Hon'ble Prime Minister of India Sh. Narender Modi Ji in his speech to the nation. Apart from sterilization, this method is also fruitful to control the population of dogs. It is pertinent to mention that we all aware about the present status of sterilization drive in India as there are numerous stray dogs are not getting sterilised properly  by local authority even in Ghaziabad where mismanagement in sterilization drive can easily be seen. 

Secondly, they have banned keeping some specific breed dogs like Pitbull, Rottweiler, Dogo Argentino:

It is to state that this matter is purely personal choice and freedom of citizen of India. Besides, all over India there is no ban on keeping any type & number of dogs then why Ghaziabad Nagar Nigam is not giving due care to constitutional provisions? Ratan Tata, Ranbir Kapoor, Alia Bhatt, Salman Khan, etc. can keep Pitbull, rotweiler, etc. But not the people of Ghaziabad? Mahendra Singh Dhoni, a former captain of Indian Cricket Team has several breed dogs at his farm house so why Ghaziabad is the only district who has snatched the freedom? Why such discrimination?  Anyone can keep any breed dog in India because for dog bite already punishment is given under section 289 IPC. Further, dog bite is not new offence as it has been inserted in IPC during British Regime in 1860 then why today making it big issue? Why pretending like, " a dog is biting for the first time? If dog bites then owner is liable so why all community should suffer for the act of one person? 

Thirdly, they have made compulsory use of muzzles for dogs everywhere & everytime:

On this, it is to tell you that putting muzzle for long time is now deteriorating the health of dogs. Ghaziabad Nagar Nigam has made compulsory rule for using muzzle without taking the health of dogs into account. Ghaziabad Nagar Nigam also have veterinarian then why did they take such decision which is indeed  harmful for dogs. In addition, now people started to harass to those pet owners too who are using muzzle. There have been several clashes reported recently where pet owners were unnecessarily becoming subject of harassment even after putting muzzle on their dogs. Putting muzzle for long time resulting into serious illness in dogs like they are now started to suffer breathing issues. These all crucial factors Ghaziabad Nagar Nigam never took into consideration before passing such reckless rules. 

It is important to mention that Ghaziabad Nagar Nigam is a constitutional body & misuse of such body is serious threat to Constitution of India. Further, Ghaziabad Nagar Nigam even do not pay heed to request for feeding points. Public office can not be used as per desire and wish of some people. They even never take an action in case of cruelty against animal. Secondly, Ghaziabad Nagar Nigam acting beyond its power because dog bite is subject to written law & do not come under the ambit of jurisdiction of Municipality as they can not punish pet owner.

 

Therefore, keeping in view, the all these facts and existing laws particularly our fundamental rights:

Kindly be pleased to set aside unconstitutional, unlawful, baseless rules passed/made by Ghaziabad Nagar Nigam with respect to pet owners as these are outright violating the fundamental rights and other constitutional provisions. 

The Decision Makers

Chief Secretary, Uttar Pradesh
Chief Secretary, Uttar Pradesh
Chief Secretary Office, Uttar Pradesh
Divisional Commissioner, Meerut
Divisional Commissioner, Meerut
Divisional Commissioner Office, Meerut
Deputy Chief Minister, Uttar Pradesh
Deputy Chief Minister, Uttar Pradesh
Deputy CM Office, Uttar Pradesh
Animal Welfare Board of India
Animal Welfare Board of India
AWBI, Office
District Magistrate Ghaziabad
District Magistrate Ghaziabad
DM Office, Ghaziabad

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