In its order on stray dogs in Delhi-NCR, the Supreme Court has said the judiciary bears the sole responsibility to "possess the courage and strength" to remind people of truths that they may not prefer to hear.
In its August 11 order, which was uploaded on the apex court's website on Wednesday, a bench of Justices J B Pardiwala and R Mahadevan directed authorities in Delhi-NCR to start picking up stray dogs from all localities "at the earliest" and relocate the animals to dog shelters.
"The judiciary must not assume or take on the colouration of the prevailing popular sentiments of the time, for its role is not to echo the passions of the moment but to uphold the enduring principles of justice, conscience and equity," the order said.
"As the sentinel on the qui vive, a guardian of rights, the judiciary bears the solemn responsibility to possess the courage and the strength to remind the people of truths that they may not like or prefer not to hear," it added.
The bench said it is conscious of the "genuine love and care" towards stray dogs that many members of the public share and urged them to "come forward and become a part of this exercise" and to adorn the care and upkeep of the canines responsibly at dog shelters or pounds.
"In light of the concerns of the interveners, we urge all to adopt and give dogs a shelter in their homes. However, we do not ascribe to the virtue signalling of all those who share love and concern for the animals," the order noted.
It said the court is conscious of and sensitive towards coexistence but the idea behind coexistence is not the existence of one's life at the cost of the other.
The court underlined a "virtual divide" being attempted to be created between "animal lovers" and those indifferent towards animals.
"But the heart of the problem remains unanswered, for all practical reasons," it said.
"As a court, our heart pains equally for everyone. We condemn those who, beneath the cloak of 'love and care' for the voiceless, pursue the warmth of self-congratulation. The directions given by us, as a court which functions for the welfare of the people, are both in the interest of humans as well as dogs. This is not personal," it added.
The bench passed a slew of directions while hearing a suo-motu case initiated on July 28 over stray-dog bites leading to rabies, particularly among children, in the national capital.
It referred to a note for hearing submitted by senior advocate Gaurav Agrawal, who is assisting the court as an amicus curiae. The note contained details about reported dog bites in India in recent times.
"The exercise that we propose to undertake is not to be performed in a casual manner. The burning issue that we have embarked upon is not driven by a momentary impulse," the bench said.
"On the contrary, it is only after the deepest of deliberations, and having reached the firm conclusion about the systematic failure of the concerned authorities over the past two decades to address an issue that strikes at the heart of public safety that we have decided to take the matter in our hands," it added.
Referring to the disturbing pattern of dog bites, the bench said now is not the time for any resistance or hesitation born of complacency.
It said streets should not prove to be vulnerable places.
"Among a bundle of concerns, we are at pains to take cognisance of the experiences of visually-impaired persons, young children, elderly persons, people from a humble background who are not able to afford even a day's meal, let alone the medical expenses. The visually-impaired persons are at the highest risk of dog bites as their primary support, their canes, are seen as threats by the dogs," it said.
The bench also said there is no way one can identify or classify between a rabies-carrying dog and other dogs.
"It is often said that 'no person is above the law'. However, of equal significance is the flip side of that maxim -- 'no person is below the law' either," it said.
It directed the Delhi government, the Municipal Corporation of Delhi (MCD), the New Delhi Municipal Council (NDMC) and authorities in Noida, Ghaziabad, Gurugram and Faridabad to start picking up stray dogs.
It said if any individual or organisation comes in the way of picking up stray dogs and if it is reported to the court, it shall take the strictest of actions.
The bench directed the authorities to immediately create dog shelters or pounds and report to it about the creation of such infrastructure within eight weeks.
It said stray dogs would be detained in shelters and not be released on streets, colonies or public places.
"We are mindful of the fact that the exercise of rounding up and relocation of the stray dogs in the shelters and pounds carries concerns over the well-being of such stray dogs. We are sympathetic to their lives as well. Accordingly, we make it clear to all authorities concerned and the personnel deployed at such shelters or pounds that at no stage should these dogs be subjected to any mistreatment, cruelty or deplorable standards of care," it said.
Besides several other directions, the bench clarified that it would be open to the authorities to decide the viability of implementing an adoption scheme in respect of the stray dogs that would be kept at the shelters.
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