SC stays high court's order to reintroduce 60 stray dogs in housing society in Pune

The civic body had picked the strays after a seven-year-old child was attacked and wounded by a pack of dogs on the society premises on February 7 this year.

The Supreme Court on Wednesday stayed an order of the Bombay High Court to reintroduce around 60 stray dogs on the premises of Brahma Sun City Cooperative Housing Society in Wadgaonsheri. The Pune Municipal Corporation (PMC) had picked up the animals and housed in shelters more than two months ago following a dog bite incident at the housing society.

In its order of May 15, a Supreme Court bench of Justice JK Maheshwari and Justice MM Sundaresh sought response from animal rights activist on a petition filed by Brahma Sun City Cooperative Housing Society challenging the Bombay High Court order to release the dogs. The court will hear the matter next on June 26.

The high court while hearing an interim application in a writ petition on April 24 had directed the Pune Municipal Corporation (PMC) to release around 60 street dogs on the housing society premises that were earlier picked by the civic body and placed in shelters. The court told the Pune police to assist PMC in reintroducing the strays.

The civic body had picked the strays after a seven-year-old child was attacked and wounded by a pack of dogs on the society premises on February 7 this year.

Later, an animal rights activist filed a writ petition in the Bombay High Court seeking to reintroduce the street dogs on the society premises.

Following the high court, the housing society moved the Supreme Court through advocate Satya Muley. The Apex Court heard the special leave petition (SLP) filed by Brahma Sun City Cooperative Housing Society on May 15. The bench issued notice to respondents and granted a stay on the operation of the Bombay High Court order dated April 24.

Though Brahma Sun City Cooperative Housing Society was officially registered in 2011, people have been staying at the gated community since 2005. The residents have complained to PMC about stray dogs on the premises. The dog-bite incident on February 7 prompted the civic body to pick up strays from the society premises. The seven-year-old was admitted for five days at a government hospital and suffered from category three dog bite, the petition stated.

According to the petition, residents were not using various areas and amenities within the society such as the swimming pool, bus stop, society school, parking areas because of the presence of stray dogs. The residents said that though they care about animals, they are worried about personal safety.

While the writ petition was pending at the Bombay High Court, the Centre notified the Animal Birth Control Rules (ABC), 2023 on March 10, under the Prevention of Cruelty to Animal Act, 1960.

The Animal Birth Control Rules, 2023 lay down guidelines for the sterilisation and immunisation of stray dogs as a means of population control. Local bodies, including municipalities, municipal corporations, and panchayats are responsible to carry out the ABC programme.

Muley said, "There are major questions of law and contradictions involved in the case. The provisions of ABC 2023 apparently appear to be encroaching upon the autonomy and powers vested in a cooperative housing society, apartment condominium, or private company, all who may be in the form of a gated residential complex. People residing in such gated communities have a right to decide affairs related to safety, security, peace, property, hygiene, freedom of movement, various liberties, right to life, right to secure environment, etc, guaranteed under the Constitution of India."

Satya Muley
Satya is a leading Civil & Criminal Law lawyer from Western India.
He practices at Bombay High Court, the Supreme Court and Courts in Pune/Maharashtra & New Delhi.
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