GS4 – Ethics in Governance
Context
- SC highlights the need to balance public safety and animal welfare.
- Emphasises humane and lawful management per ABC Rules, 2023.
Legal and Constitutional Framework
PCA Act, 1960:
- Section 3: Prevent cruelty, ensure humane treatment.
- Authorises AWBI to issue guidelines.
ABC Rules, 2023:
- Mandate sterilisation and vaccination.
- Ban arbitrary killings.
- Constitutional Provisions:
- Article 51A(g): Compassion for all living beings.
- Article 21: Right to life extended to animals (e.g., Jallikattu case).
- Article 243W: Local bodies to manage public health, includes stray dogs.
Criminal Provisions:
- IPC Sections 428–429, BNS Section 325:
- Penalise cruelty, poisoning, injury (up to 5 years imprisonment).
ABC Rules, 2023: Ethical Population Control
Legal Basis:
Replaces 2001 Rules under PCA Act.
Terminology:
Strays = “Community animals” with territorial rights.
Sterilisation Approach:
Catch–Neuter–Vaccinate–Release (CNVR) model.
Execution:
Local bodies + NGOs; govt-funded.
Dispute Resolution:
RWAs, police, and vets mediate dog-related complaints.
Surveillance:
Mandatory microchipping, ward-wise sterilisation records.
Feeding Norms – Rule 20
- Mandates structured public feeding.
- Aims to reduce human-animal conflict while ensuring animal welfare.
Key Challenges in Stray Dog Management
1.Aggression and Attacks:
3.7 million dog bites reported in 2024.
2.Unregulated Feeding:
Courts warn of territorial aggression due to scattered feeding zones.
3.Implementation Gaps:
Insufficient sterilisation, poor ABC programme execution.
4.Conflicting Court Rulings:
Divergent High Court orders cause enforcement confusion.
5.Rabies Risk:
Low rural vaccination → high global rabies deaths.
6.Social Friction:
Clashes between animal feeders vs. residents (e.g., Noida).
Ethical Justifications for Stray Dog Welfare
1.Constitutional Morality:
Article 51A(g): Moral obligation to protect animals.
2.Urban Role:
Dogs help in waste control and rodent deterrence.
3.Territorial Balance:
Sterilised dogs block unsterilised influx → lower aggression.
4.Vaccination Efficiency:
Stable dog packs ease immunisation logistics.
5.Judicial Precedents:
Courts uphold humane management to protect both human safety and animal dignity.
Way Forward
- WHO CNVR Targets: 70% CNVR coverage with strict timeframes.
- Mass Vaccination Drives: Learn from Thailand’s mixed-model approach.
- Designated Feeding Zones: Rule 20: Structured, safe, and grievance-aware feeding spots.
- Ownership Laws: Mandatory microchipping, breeder regulation, adoption incentives.
- Solid Waste Management: Ban open food dumping, promote composting.
- Legal Harmonisation: Align state and central laws to remove policy contradictions.
- Humane Education: Introduce animal welfare curriculum in schools (e.g., Finland model).