India News | Rules Framed to Achieve Better Efficacy of Animal Birth Control Programme Not Arbitrary: HC
Get latest articles and stories on India at LatestLY. The Delhi High Court has said the Animal Birth Control Rules, 2023, are framed to achieve better efficacy of the animal birth control programme by systematising the approach and entrusting only recognised bodies.
New Delhi, Oct 10 (PTI) The Delhi High Court has said the Animal Birth Control Rules, 2023, are framed to achieve better efficacy of the animal birth control programme by systematising the approach and entrusting only recognised bodies.
The high court passed an interim order on a pending petition by three veterinarians -- Dr Anubhav Khajuria, Dr Simranjeet Singh and Dr Naveen -- challenging the ABC Rules, 2023, which exclude registered veterinary doctors and officers from participating in the process of immunisation, vaccination and birth control of animals.
The court said the differentiation between veterinarians and animal welfare organisations (AWO) is purpose-driven and not arbitrary.
A bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said the stipulation of registration of an AWO implies a formal and legal structuring and is intended to ensure the organisation has defined objectives, accountability mechanisms and is amenable to legal oversight.
"A close examination of the ABC Rules, 2023 reveals that veterinarians are integral to animal birth control programme. Their expertise in sterilisation, immunisation, and animal care remains crucial and inclusive. The ABC Rules, 2023 do not outrightly prohibit veterinarian participation, instead, they advocate for a formalised, structured approach via the mechanism of Project Recognition from Animal Welfare Board of India (AWBI)," the bench said.
The three veterinarians in the interim sought directions to the Municipal Corporation of Delhi (MCD) to grant them the authority to execute sterilisation and immunisation of stray dogs in a manner analogous to NGOs and AWOs under the Rules.
The court clarified that individual veterinarians can either align with existing compliant entities or form their own organisational structures, such as societies, trusts, cooperative societies, LLPs and partnerships and get them registered under the applicable laws.
The bench said the petitioners filed this application seeking relief to participate in MCD tender for sterilisation and immunisation of stray dogs at five of its centres but noted that the last date for bid submission has lapsed during the pendency of the plea.
"Nonetheless, in view of the foregoing discussion, we dispose of the application clarifying that any entity, be it a society, trust, cooperative society, gaushala, LLP, partnership, or a company, that is duly registered under the appropriate laws, can be considered as an AWO under the ambit of ABC Rules, 2023.
"However, we emphasise that registration alone is not sufficient. Such entities, desirous to partake in tenders of this nature, must also secure recognition from the AWBI, underscoring their commitment to AWBI's standards and norms. Furthermore, they must satisfy all additional criteria related to their credibility and experience, as set forth in the ABC Rules, 2023,” the bench said and listed the main petition for further hearing on December 4.
The petitioners have stated in their petition they are challenging the legality and constitutionality of Rules 3, 5, 6 and 8 of the Animal Birth Control (ABC) Rules, 2023, as notified by the Ministry of Fisheries, Animal Husbandry and Dairying on March 10.
The plea, filed through advocate Abhikalp Pratap Singh, says through these rules, titled as "Project Recognition", the duly registered veterinary doctors and officers have been excluded from participating in the process and occupation of immunisation, vaccination and birth control of various animals, especially dogs and cats.
"Through the said rules, only certain NGOs disguised as animal welfare organisations (AWOs) have been made eligible and entitled for participating in the said activity," the plea said.
The high court concluded that Rule 2(f) (which defines animal welfare organisation) must be interpreted as inclusive in its spirit, aiming to ensure quality and accountability in animal welfare activities rather than excluding any specific professional group.
It is incumbent upon veterinarians and other stakeholders to recognise the broader scope of this provision and engage proactively within its ambit, it said.
The court said AWOs, possessing the requisite logistical support and charitable orientation are appropriately positioned for the welfare-centric facets of the programme.
Their collaboration with veterinarians ensures a comprehensive approach and individual practitioners are not entirely excluded, as portrayed by the petitioners, it said.
The plea has sought the quashing of certain provisions of the ABC Rules as ultra vires Articles 14 (equality before law), 19 (freedom of speech and expression) and 21 (protection of life and liberty) of the Constitution.
It has added that it is inexplicable why the ability to sterilise and immunise street dogs has been taken away from private individual veterinary doctors, adversely affecting their right to livelihood while jeopardising the object and purpose of the Prevention of Cruelty to Animals Act, 1960.
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