(1.) In the above, the following questions have been referred to us by the Hon'ble the Chief Justice:- (1) Whether in the circumstances and seriousness of the problem, the danger posed and the menace caused by the stray dogs, resort can be had to the provisions of sub-section (3) of section 11 of the Prevention of Cruelty to Animals Act, 1960 and the relevant provisions of the Bombay Municipalities Act, Maharashtra Municipalities Act and the Goa Municipalities Act and other enactments? (2) Whether inspite of the aforesaid provisions of sub-section (3) of section 11 of the Prevention of Cruelty to Animals Act, 1960 and other Acts referred to above, the killing of the stray dogs has to be totally prohibited?
(2.) Before answering the aforesaid two questions a little background would be necessary to understand the same. A Division Bench of this Court by a Judgment and Order dated 5th October, 1998 had laid down various guidelines to deal with the problem of stray dogs. The above order was passed with the consent of all the parties, including Municipal Corporation of Greater Bombay and the intervenors. The same was called Comprehensive Guidelines for Dog Control and Management, Under the aforesaid Guidelines, rabid dogs, critically ill dogs and fatally injured dogs could be put to sleep, by humane methods.
(3.) In the aforesaid Guidelines, it is clearly spelt out that the primary objective was to evolve means to control the population of dogs to achieve its gradual reduction and stabilise the same on a long term basis and thereby to control and reduce the incidents of rabies.
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