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HC Orders BMC to Form Animal Welfare Panel

The Bombay High Court has mandated the Brihanmumbai Municipal Corporation (BMC) to establish an Animal Welfare Committee within the next 15 days. This directive comes in response to an ongoing dispute involving a housing society in Kandivali West and a resident known for her advocacy for community animals.

The crux of the dispute centres on the housing society’s allegations that the feeding of stray dogs within their premises has led to an escalation in aggressive behaviour from these animals. According to the society, this aggression has manifested in incidents where the strays have reportedly bitten or attacked elderly residents and children. The society contends that the feeding practices, which they describe as indiscriminate, have exacerbated the situation, leading to significant safety concerns.

The High Court, however, refrained from adjudicating the specifics of the allegations, noting that determining the aggression of the animals and any breaches in feeding protocols fall outside the scope of their judicial review. Instead, the court underscored the necessity for a specialised body to address these issues, referring the matter to the newly directed Animal Welfare Committee. The division bench, comprised of Justices Kamal Khata and MS Sonak, highlighted that Rule 20 of the Animal Birth Control Rules, 2023 outlines the responsibilities of Resident Welfare Associations and Local Bodies in feeding community animals with compassion.

The rule also stipulates the formation of an Animal Welfare Committee in instances of conflict between residents and animal caregivers. The court’s order is intended to ensure a balanced resolution by providing a platform where both the housing society and the animal caregivers can present their perspectives. The committee will not only review the current practices but may also conduct a site visit to gain a comprehensive understanding of the situation. This judicial directive aims to foster a harmonious resolution by ensuring that all stakeholders have a voice in the decision-making process, aligning with legal standards for animal welfare and community safety.

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