Meghalaya High Court Directs State To Form Committee Under Animal Birth Control Rules To Tackle Street Dogs Menace

The Meghalaya High Court has directed the State to form a Committee within four weeks in terms of Rule 4 of Animal Birth Control (Dogs) Rules, 2001, to tackle the street dog menace.

The Court was considering a Public Interest Litigation seeking direction to the State to take appropriate measures to control the menace caused by stray dogs, to capture them, treat them, which would include sterilising them and rehabilitating them in dog shelters.

The Division Bench of Justice IP Mukerji and Justice W. Diengdoh ordered, "The state government shall take immediate steps not later than four weeks from date to form a Committee in terms of rule 4 of the said rules. Thereafter, the committee shall discharge its functions according to rule 5. The commissioners along with the District Council and the local Municipal authority shall carry out our orders in their districts. The state shall file a comprehensive affidavit with regard to the action taken before the returnable date."

The Petitioner appeared in person while the Respondent was represented by Additional Advocate General T. Yangi B.

The Court noted that earlier, the Shillong Municipal Board did not have adequate facilities to keep these stray animals, but after its order, the State provided shelter to accommodate these animals for a limited period.

The Municipal Board had said it is proceeding with the acquisition of land for the purpose of building a further permanent shelter after which the animals in the state shelter would be shifted to the Municipal Board accommodation. However, the Petitioner-in-person pointed out that these measures by the court might not prove to be effective. He stated that the order only covers the Shillong district, while the dog menace covers the whole of Meghalaya.

Drawing Court's attention to Animal Birth Control (Dogs) Rules, 2001, promulgated under sub section (1) of section 38 of the Prevention of Cruelty to Animals Act, 1960, he contended that Rules have remained a piece of paper and not enforced. He pointed out that Rule 4 provides for the formation of a committee comprising of the commissioner/chief of the local authority, who would be the ex-officio Chairman, representatives of Public Health Animal Welfare, District Society for the said Act, Animal Welfare Organisations and “Humanitarian or a well-known individual”.

The Court directed that the scope and ambit of the writ shall be extended throughout Meghalaya and instructed the State to take immediate steps, not later than four weeks from the date to form a Committee

The Petition has been adjourned to July 16, 2025.

Cause Title: Kaustav Paul vs State of Meghalaya & Ors.

Appearances:

Petitioner- In-Person

Respondent- Additional Advocate General T. Yangi B, Government Advocate E.R. Chyne, Advocate Philemon Nongbri

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