Pune : Supreme Court Refers Bramha Suncity Society’s Stray Dog Case to Bombay High Court for Review
By: Pune Pulse
August 18, 2023
Pune: In a recent development, the Supreme Court has directed the petitioner of the Bramha Suncity Society to approach the Bombay High Court seeking a modification of a prior order related to the release of dogs within the society. This decision from the apex court does not pass judgment on the substantive aspects of the case, as elucidated by Advocate Satya Muley, the representative for Brahma Suncity in this legal matter.
Muley while talking to Pune Pulse said, “The Supreme Court has not adjudicated on the merits of the matter today. On the contrary has allowed the Petitioner Society to approach the Bombay High Court and apply for modification of the earlier order which allowed releasing of the dogs in the society. Printed order is awaited. The Animal Birth Control Rules 2023 are framed based on the provision of section 38 of the Prevention of Cruelty of Animals Act 1960. However the ABC rules of 2023 are surpassing the objectives of the PCA Act itself.”
He further said, “The ABC rules have several provisions which makes it mandatory for the Housing societies, Apartment complexes and other residential gated communities to maintain and feed stray dogs. A new concept of ‘community dogs’ has been given to the stray animals and the Housing complexes will have to mark stray dog feeding zones within their premises as per the new rules. The housing/residential complexes are not allowed do move out the stray dogs. Such provisions encroaches upon the autonomy of the residential complexes and can lead to chaos across the country as not just stray dogs, but pigs, cows, and any stray animal can now enter and start residing in the residential complexes. The Residents of Brahma CHS are animal friendly, but a very serious dog attack incident was reported in the society wherein a 7 year old child almost lost his life, therefore they are very afraid and their fundamental rights of life and liberty are compromised.
“The Brahma Suncity CHS and the residents of Brahma will definitely approach the Bombay High Court to seek modification of their earlier order. So also, the Residents of Brahma Suncity have filed a challenge to the constitutional validity of the ABC rules 2023. The issue is a serious one and citizens from all across India must take note of the problem,” informed Satya Muley, advocate representing Brahma CHS and Residents of Brahma CHS.
In response to this intricate conundrum, the inhabitants of Brahma Suncity intend to seek a revision of the previous order by petitioning the Bombay High Court. Additionally, they have initiated a constitutional challenge to the validity of the ABC Rules of 2023. The implications of this issue are substantial, transcending local boundaries, and call for attention from concerned citizens across the nation.
Shreyas Vange
