For the past three years, Gautam Buddha Nagar is under the grip of fear of stray dogs. Several incidents of dog bites have been reported regularly including a severe attack on a resident by a pack of 5 stray dogs on the morning of July 18, 2022. With this scenario in view the AOAs and RWAs of more than 50 societies of Noida and Greater Noida came together at Prateek Laurel Society, sector 120 on July 18, 2022, to find solutions to fight the dog menace in Gautam Buddha Nagar.
As gathered by resident bodies, a common problem that exists in all societies is that residents are aggrieved by stray dog menace. However, certain animal lovers continue to feed them and raise their voices if anyone tries to take action against stray dogs. Thus, resulting in a quandary for them.
Joginder Singh, RWA president, Amrapali Zodiac, Meghana Uniyal, Director, Humane Foundation for people and animals, and Ashu Bhatnagar, Editor of a private web portal, came to the front of the meeting to address RWAs and AOAs to find solutions to dog menace in Gautam Buddha Nagar societies.
On Sunday morning, Teena, a resident of Paras Tierra, sector 137, was attacked by 5 stray dogs. She says, “I had gone to the basement when 5 stray dogs attacked me. The dogs have bitten severely on my back. My hand has suffered a severe fracture and the doctors suggest surgery. The estimated cost that the doctor has told me regarding surgery is 80,000. Apart from this, I have to get regular checkups, get admitted to the hospital for 8 days and also get physiotherapy done. It's my request to dog lovers to please not stop the authorities from taking action against to remove dogs as they have attacked many residents."
Gautam Buddha Nagar is under the grip of fear of stray dogs for the past three years. With this in view, AOAs and RWAs of 50 societies of came together to find solutions to dog menace. @Joginde05957128 @ApeNoida @FutecR @PrateekLaurelRW @prabhatvats81 @LikePradeep pic.twitter.com/zkIlphTycf
— CitySpidey (@city_spidey) July 19, 2022
Joginder Singh highlighted the problems caused by stray dogs in societies, usually biting people and children. He explained the cases of his society and how he triumphed over them.
To find a solution to dog menace, Singh studied the rules of the Animal Welfare Board of India and based on those rules, they have put up 50 boards inside the society premises. On those 50 boards, he wrote that Feeding of Dog inside the premises is not allowed. At the same time, dog feeders were made outside the society and asked dog lovers to feed them there. Some still had a problem. As a result, an RWA has imposed a fine of Rs 5000 against anyone who feeds dogs at forbidden places inside society.
"All AOA and RWA members have absolute rights to make decisions for the smooth running of the society and we are under no obligation to agree with the unfair demands of the so-called dog lover," says Singh.
Prabhat Vats, President, Prateek Laurel, sector 120 says that a legal battle with anyone who is hampering action against stray dogs is the only way to solve the dog menace problem.
He says, "In a city like Noida where most of us are employed, we do not have time to engage in arguments and would certainly stay away if it comes to filing an FIR. However, since residents are getting harmed, everyone must know the right rules so we do not have to surrender in front of the unfair whims of the 'dog lovers'."
Adding to this, Meghna Uniyal says, "Stray dogs cannot be fed anywhere and where people are living they also have rights, in such a situation when a dog lover activist threatens you with the court, ask them to show the law, and show him the legal rules."
Ashu Bhatnagar says, "Often people accuse the media that they do not give prominence to their news. However, the problem is that the victim is not able to talk much. But the local media in Noida Greater Noida is with you to highlight this problem."
Cityspidey enquired with the spokesperson about how to lead this fight if the society has no AOA.
On this, Meghna Uniyal says, "Where there is No RWA/AOA, people should come forward and form a group and meet the builder and maintenance. They should be aware of the laws. No political pressure can threaten them to let the stray dogs feed inside the society.
For the clarity of Noida residents, we are attaching the laws related to public safety from stray animals displayed in the meeting-
- Chief Minister Yogi Adityanath, on May 18, 2022, in a public conference gave clear orders to his administration regarding public safety. He specifically mentioned that the removal of stray dogs and cows from the streets is one of the primary duties of municipal authorities.
- The Delhi HC judgment for stray dog feeding in WP(CRL) 467/2009 as published by the AWBI, clearly prohibits feeding inside society premises and state the following:
- Community dogs must be fed and tended to at places which are not frequented or less frequented or sparingly used by the public and residents. Avoid areas therefore that are immediately adjacent to spots in which the public/residents congregate in large numbers.
- Public causeways, public streets, pedestrian paths and footpaths, which are regularly used by the public and residents for commuting are to be avoided when feeding community dogs. However, if public land is available adjacent to the above, the feeding should be done on the same. Common areas immediately abounding the entrance of flats/houses must be avoided for feeding dogs.
- Efforts should be made to feed dogs on service lanes which are not frequently used for ingress and aggress. Areas adjacent to the boundary walls of the houses which are not used for passage or do not have any exists/entry points can also be used for feeding. Likewise, vacant lands may be used for this purpose.
- The Hon’ble Delhi HC judgment I.A. No. 4164/2021 also mandates that feeding stray dogs cannot impinge on the rights of others nor cause any nuisance or harassment to other citizens/residents by stating, “Community dogs (stray or street dogs) have the right to food and citizens have the right to feed community dogs but in exercising this right, care and caution should be taken to ensure that it does not impinge upon the rights of others or cause any harm, hindrance, harassment and nuisance to other individuals or members of the society.”
- As mandated by the Hon’ble Delhi HC judgment I.A. No. 4164/2021, the procedure to deal with biting dogs is as follows: “If any dog repeatedly attacks other dogs or residents, such dog must be removed to a private shelter by the AOA/RWA or a public shelter by the Municipality.”Therefore, all such biting dogs can be removed by RWAs themselves and must be taken permanently to shelters and there is no provision for such dogs to be released back nor any society or AOA/RWA be coerced into taking back and forcibly living with such dogs.
- The Hon’ble Karnataka High Court has mandated that municipal authorities have a statutory obligation to safeguard the lives of citizens from stray dogs/stray dog attacks: https://www.livelaw.in/news-updates/karnataka-high-court-stray-dogs-municipal-authorities-statutory-obligation-safeguard-humans-202571. The said judgment states the following: “Dogs which do not come within the scope of Rule 9 or 10 but which are a menace or cause nuisance irrespective of whether there is evidence of such dogs having mauled or bitten children or adults could be exterminated…” by relevant municipal authorities. Therefore, residents/citizens cannot be forced to provide evidence of a dog attack if there is none and municipal authorities have to remove all dogs causing a nuisance and menace, once a complaint is made.
- Under the Prevention of Cruelty to Animals Act, Section 2(f), an “Owner” of an animal includes not only the owner but also any other person, who, for the time being, is in possession or custody of the animal, with or without the consent of the owner.” For all legal and practical purposes, animal shelters where biting dogs are taken to and/or authorities, are and must remain the legal owners of the said biting dogs and cannot release them anywhere for any reason. They are free to rehome them if possible.
- Section 289 of the Indian Penal Code that deals with Negligent Conduct concerning animals states: “Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”Therefore, neither NGOs/stray dog feeders nor the Municipality can release any biting or aggressive dogs in and around any residential societies, public parks, markets or any other areas used by the public at large, thereby endangering the lives of citizens or causing bodily harm to any person via an animal.
- Section 268 of the Indian Penal Code dealing with Public Nuisance states: “A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage.”Therefore, it is irrelevant whether stray dog feeding is a compassionate activity or helps in catching stray dogs for sterilization and vaccination. No public activity by a person can cause any kind of injury, obstruction, danger or annoyance to others.
On the issue, CitySpidey also heard the views of some dog lovers and feeders. A resident of Paras Tierra and a dog lover, who wishes to be anonymous says, "We, the animal feeders are not against humanity. However, the strays who have been born here are as much a part of society as we. We do not think the stray who belong here are a threat to society. Coming to the reality, as of now, no dog feeding spots have been set in society. Charging strays with sticks is not the solution as that would only make them violent. The solution is to treat them well so that an amicable environment can be created for all. If bodies truly want to solve the problem, they must set up dog feeding spots, mark the in-house dogs, sterilize and vaccinate the dogs as per government's Animal Birth Control law and discourage entry of outside dogs." She alleges that dog lovers are being targeted throughout Noida societies. "We are ready to work with authorities to ensure safety and harmony for all."