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ROLE OF RESIDENT WELFARE ASSOCIATION (RWA) AS IN LOCO PERENTIS FOR STRAY DOGS
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ROLE OF RESIDENT WELFARE
ASSOCIATION (RWA) AS IN LOCO PERENTIS FOR STRAY
DOGS
AUTHORED
BY - RISHABH ADITYA
INTRODUCTION
Stray dogs have traditionally been regarded as a "menace." But regrettably, individuals only seem to view
dislocation or culling as solutions
for them.
With this essay, we hope to initiate a discussion about the
Resident Welfare Association (RWA) and the displacement of street dogs in Delhi,
National Capital Region.
Here, the fundamental goal is to comprehend why RWAs must serve as "loco parentis" to their street canines.
WHY DISLOCATION OF STRAY DOGS IN DELHI NCR IS A
SERIOUS CONCERN
RWAs are the initial authorities with control over
their territories in cities that are separated into smaller localities[1].
These bodies are chosen by the society's citizens, who depend on one another as a result.
These authorities are in charge of overseeing the
residential society's daily operations, such as supplying necessities like security, cleaning, and upkeep. They
are in charge of overseeing everyone's welfare as well.[2]
But the RWA's obligation to care for stray dogs is the one
thing that hasn't been left out. Because they
are homeless, stray dogs wander in search of places to call home. They contend
with other stray dogs for food and
territory. They enter the open gates of society and colonies in pursuit of these lands.
When discovered, they frequently avoid
the fruitless efforts
of the locals and security
to drive them out
of society. They hide and blend in more with society. And as the years go by,
they integrate with society.
They obtain food from animal
lovers or waste leftovers to meet their daily nutritional needs.
However, locals continue to complain about stray dogs biting
and frightening away residents, particularly
the young and old. For instance, the 9-year-old son of Mr. Vipin Yadav was bit
by a stray dog in their neighbourhood. He
stated:
“These stray dogs
scare even adults, leave alone small kids.”[3]
RWAs and animal lovers fight severely as a result of this.
RWA is in favour of removing stray dogs from communities, but animal lovers are opposed.
In Noida's Sector 93A Emerald Court society in March
2020, six persons were arrested for inflicting
injuries on at least five stray dogs. The complaint was made by a former member
of the community.
She fed the dogs on a regular basis. She said that the
security had taken the dogs away on the RWA's
orders.[4]
The dogs were removed on March 2 between 12 AM and 3 AM. Based on this, the Phase 2 police station reported six people for animal
cruelty, including the society's "security supervisor," the estate manager, a diesel generator
operator, and the society's RWA, as well as the CEO and van driver of
the security firm.[5]
According to the Deputy
Commissioner of Police
for Zone 2, an investigation was in
progress.
The RWA chief of
Amrapali Village in Indirapuram, Ghaziabad, was allegedly
arrested in February 2019 for the murder and
dislocation of three dogs.[6] The People For Animals (PFA) branch in Ghaziabad filed the complaint.
The RWA leader allegedly beat up three stray dogs to drive them out of society, according to information sent to the
Ghaziabad PFA president. He declared:
"The security
guards and accused residents are seen on my CCTV footage striking the dogs with sticks.
The process resulted
in the death of one of the dogs, and the other two were swiftly expelled
from society"[7].
The RWA chairman,
however, refuted these allegations and asserted that neither the residents nor the
Apartment Owners Association (AOA) ever murdered or relocated dogs. He added
that more than three to four dog bite
instances are reported on a weekly basis.
In Uppal's Southend in Gurugram in 2019, ten street dogs
went missing.[8] The animal
welfare volunteers said that the RWA
had ordered to beat the dogs and capture them. They also claimed that after being kidnapped, the dogs were
placed in sacks and transported to secret locations[9]. However,
the RWA refuted the
accusations.
The RWA President claimed that "there was a
security lapse" when "some people from outside entered the township and took
the dogs in sacks."[10]
The volunteers, however, did not accept this. The society's citizens also reasoned
that sterilisation and vaccination alone are insufficient to control the nuisance
posed by street dogs.[11]
These are only a few instances where animal rights
organisations and animal lovers brought attention
to them. How many more of these street canines are being displaced in society
is unknown. The RWAs and the
inhabitants, on the other hand, manifest a glaring lack of interest in such
issues, as is evident from
these occurrences.
RWAs are successfully abusing these stray dogs under the pretext
that they are a "menace."
WHY IS RWAS’ ROLE IMPORTANT?
It is crucial that the RWAs carry out their obligation
towards stray animals and their regular actions. They must urgently educate both themselves and
the other members of society.
RWAs are accountable for society and everything that falls within
their scope because
they are the people's representatives. This can be used to mean something
about obligations and physical
boundaries. It could
be argued, for instance, that since street
dogs are not a part of their community, RWAs are not accountable
for them.
Even though the street
dogs weren't born there, it would be
wise to remember that it
is their area.
It is significant to remember that dogs are territorial
creatures who seek out regions to claim as their own.Thus, taking them away would be cruel and against the law.
Strays are frequently mistreated and subjected
to cruelty by humans. We fail to see, however,
that some stray dogs' aggressive attitude
is the result of repeated
mistreatment.
When they feel threatened, worried,
or scared themselves, dogs are more likely to turn aggressive. However, if they are handled with kindness, they can grow into
ferocious neighbourhood guards who keep out undesirables and burglars.
Sensitization is necessary. The RWA needs to educate
itself and eventually the locals. It is crucial
to remember that every dog is the same. Pet dogs and stray dogs are
similar in nature. Dogs are renowned for being
kind and sympathetic creatures.
Only because of our lack of compassion have stray dogs evolved defensive behaviours. As a result, they begin to attack and bite people.
Therefore, it is reasonable to draw the conclusion that strays dogs
attack us because of us, the
humans.
Sterilization and vaccination are required by Section 3 of
the Animal Birth Control (Dogs) Rules 2001 in order to control stray dog numbers and eradicate the risk of rabies.[12]
The relocation of stray dogs is likewise prohibited by
Section 7 of this law. It suggests
that stray dogs brought in for
sterilisation or vaccination must be brought back to the location where they were first picked up.Therefore, it is unlawful
to send them away using the justification of sterilising or vaccination
by the RWAs.
"Our nation
upholds ahimsa and non-violence as virtues. All citizens of this nation are
obligated under Article 51A(g) of the
Constitution to act compassionately towards all living things. The rights of non-human animals are safeguarded
by the law[14].”
The AWBI published these rules for household pets, street dogs,
and the people who care for them,
RWAs, and AOAs. Additionally, it gives an explanation for Sections 3 and
7. According to the rules, dogs have
a tendency to fight against other dogs and prevent them from entering their territory since they are territorial by
nature. In each territory, the dog population stabilises in this way.[15]
It also asserts:
"Any violence or
hostility that the dogs may experience may cause them to become hostile and violent towards humans. In self-defense,
they might then turn to snapping and biting. If the same thing occurs, only human aggressors
will be held accountable.”[16]
It is also important to note that the Netherlands is
the first nation in the world without stray dogs. With the help of the CNVR project (Collect, Neuter, Vaccinate,
and Return), it completely eliminated
its homeless dog population. Government funding supports the national
sterilising programme known as the CNVR.[17]
Dogs are "collected, neutered, vaccinated, marked, and returned to the same spot where they came from"
as part of this plan.[18]
This is significant because it first establishes the
standards for how stray dogs should be treated. Second, it conveys
that it will be useless to relocate stray dogs.
If stray canines
are taken out of the community, new strays will replace them, escalating the issues. Strays
would, however, grow habituated to the same area if sterilized, immunized, and reintroduced to the places.
The same would eventually decrease
their population and aggressiveness.
If the RWAs don't act "in loco parentis" towards their stray pets, this will be unsuccessful.
THE DOCTRINE
OF ‘LOCO PARENTIS’
AND THE NEED FOR RWA TO IMPLEMENT IT
"In the place of a parent" is the meaning of
the loco parentis doctrine.It speaks of "a person or organisation's legal obligation to assume some of the
duties and responsibilities of a parent."[19]
This theory is acknowledged in education, where educators
and educational institutions serve as the pupils' "loco parentis." But there are other
ways to interpret this doctrine
besides that.
The Uttarakhand and Punjab & Haryana High Courts both
cited the doctrine in 2018 and 2019. The
Uttarakhand High Court assigned inhabitants of Uttarakhand the responsibility
of ensuring the welfare
of animals.
All citizens of the state are considered to be animal
guardians, according to the court[20].
All of Uttarakhand's residents were
also proclaimed by the court to be "persons in loco parentis for the welfare/protection of animals."[21]
The Punjab and Haryana High Court took a similar action when
it decided that all animals are "legal entities with corresponding rights, duties, and liabilities of a living person."
As the human face for the welfare of animals, Justice Rajiv
Sharma also ruled that all citizens throughout the State of Haryana are persons in loco
parentis.
This begs the question: Why can't RWAs act
as their street
canines' "loco
parentis"?
The importance of RWAs assuming this function cannot be
overstated. The RWA is a location's immediate
supervisor. They must also be the ones to take the initiative in this regard.
Making RWAs more responsible is
crucial since there are so
many street dogs who get injured.
You cannot use a lack of security
or the absence of CCTV video as an excuse. RWAs should take charge of making sure that no street dogs
in their community are treated
improperly.
RWAs are completely mistaken in thinking
that stray dogs are outside of their purview.
Dr Maya D. Chablani v. Radha Mittal & Ors:
In Dr. Maya D. Chablani v. Radha Mittal & Ors, the Delhi
High Court established many rules around
feeding stray dogs.[22]
The significance of treating animals kindly and without cruelty was emphasised by the court. It stressed:
"Only when animals
are treated humanely are human beings seen to be respectable. Kindness towards
animals is in our best
interests as humans".
This decision reaffirmed that it is unlawful for an
individual, RWA, or estate management to remove or relocate dogs in accordance with the Prevention
of Cruelty Act of 1890[23].
Additionally, the judgement placed responsibility for
protecting the welfare of stray dogs within their
jurisdictions on local governments, RWAs, and municipal corporations. It also
emphasised the need to establish animal welfare committees in each
RWA:
"AWBI shall ensure
that every Resident Welfare Association or Municipal Corporation (in the event that RWA is not available) shall
have an Animal Welfare Committee, which shall be responsible for ensuring compliance with the PCA Act and ensuring
harmony and ease of communication between caregivers, feeders,
or animal lovers and other residents," according to the law.
Several principles are discussed in this ruling,
including:
·
Municipal Corporations are in charge
of registering, immunizing, and sterilising stray dogs.
·
After being sterilised and given their shots, the dogs must be brought
back to the same location.
·
The Municipality cannot remove dogs that
have been sterilised or immunised.
·
Each RWA should establish Guard and Dog Partnerships
and train the dogs. The Delhi Police
Dog Squad should be consulted on this in order to create canines that are both amiable
and effective in protecting
the colony.
·
It should be the community's duty to work with a dog sterilisation NGO to have their street
dog population sterilised.
Last but not least, the ruling emphasised the "need to
raise awareness that even animals have a right to live
with respect and dignity."
CONCLUSION
The Delhi High Court's ruling did not deem RWAs to be
"loco parentis" to stray canines. It did, however, highlight RWAs' obligations to community canines and
the importance of raising awareness. This decision is a noteworthy action. But putting
the rules into practise is the only way to alter how stray dogs are treated and how people view the dogs in our neighbourhood.
The situation is still very much the same, though. RWAs are
either complicit in the dislocation of so
many street dogs or do nothing about it. Therefore, it must be acknowledged
that RWAs must choose to sterilise and immunise their street canines rather than tossing them out of place.
To ensure that this is enforced, we need tighter laws.
RWAs must inform themselves and the community
as to why euthanizing stray
dogs is not the answer.
RWAs must enact stringent security
controls and guarantee that CCTV
cameras are operational.
This could be useful in observing how people treat
dogs. However, if someone misbehaves, it should be RWA's duty to see that they are dealt with appropriately. This can only be accomplished by enacting tougher
legislation and reforming already-existing legislation to be severely
penalised.
[5]
Id.
[6] Id.
[7]
Avishek
Kumar Dubey, RWA head among
2 booked for killing, relocating stray dogs, TIMES OF
INDIA, (February 26, 2019, 7:10 IST)
https://timesofindia.indiatimes.com/city/gurgaon/rwa- head-among-2-booked-for-killing-relocating-stray-dogs/articleshow/68160310.cms
[8]
Id..
[9]
AOA: Apartment Owner
Association
[10]
Ashok
Kumar, 10 street
dogs go missing:
animal welfare staff,
RWA at odds over issue, THE HINDU,
(April 05, 2019, 01:51 IST) https://www.thehindu.com/news/cities/Delhi/10-street-dogs- go-missing-animal-welfare-staff-rwa-at-odds-over-issue/article26739205.ece
[11]
Id.
[12] Id.
[13] Id.
[14]
Animal
Birth Control (Dogs) Rules, Section 3, 2001
[15]
Animal
Birth Control (Dogs) Rules, Section 7, 2001
[16]
ANIMAL WELFARE BOARD OF INDIA,
Guidelines- with respect to Pet & Street Dogs, and their Caregivers, and for Residents’ Welfare Associations and Apartment Owners Associations, February
26 2015,
http://www.awbi.org/awbi-pdf/pet_dog_circular_26_2_2015.pdf
[17] Id.
[18] Id.
[19] Id.
[20]
Freya Sawbridge, How did the Netherlands manage to become the first country to have no stray dogs, DUTCH REVIEW, (August 18,
2020), https://dutchreview.com/culture/how-did-the- netherlands-manage-to-become-the-first-country-to-have-no-stray-dogs/
[21]
Stray
Dogs and CNVR (Dog Population Management), STRAY ANIMAL
FOUNDATION PLATFORM, http://www.stray-afp.org/cnv
[22]
Garima
Sharma, In loco Parentis- Legal Maxim,
LAW TIMES JOURNAL,
(June 10, 2019), http://lawtimesjournal.in/in-loco-parentis/#_ftn1
[23]
Financial Express Online, Animal lovers, good news for you! All citizens
are ‘parents of the animal’ in this state, FINANCIAL EXPRESS, (July 05, 2018,
3:43PM), https://www.financialexpress.com/india-news/animal-lovers-good-news-for-you-all- citizens-are-parents-of-the-animal-in-this-state/1232289/
[24] Id.
[25]
Rashid
M A, P&H HC Declares
Entire Animal Kingdom Including Avian and Aquatic As Legal
Entities With All Rights And Duties Of Living Persons
[Read judgment], LIVE LAW, (June
02, 2019, 10:07 PM) https://www.livelaw.in/top-stories/ph-hc-declares-entire-animal-kingdom- including-avian-and-aquatic-as-legal-entities-with-all-rights-and-duties-of-living-persons-read- judgment-145417
[26]
Dr Maya D. Chablani v. Radha Mittal &
Ors, MANU/DE/1166/2021
[27] Id.
[28] Prevention to Cruelty Act, 1890
[29]
Supra
note 27.
[30]
Id
Article Information
ROLE OF RESIDENT WELFARE ASSOCIATION (RWA) AS IN LOCO PERENTIS FOR STRAY DOGS
Authors: RISHABH ADITYA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/11
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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