Animal Birth Control (ABC) Rules, 2023: Problems
- ABC Rules Section 2(c) states – “Animal Shelter means place where stray or street or abandoned animals are kept for adoption or rehabilitation, general treatment while they are ill or injured.”
Under the Prevention of Cruelty to Animals Act funding shelters for unwanted animals is one of the primary functions of the Animal Welfare Board of India (AWBI) and the Board has already funded NGOs to the tune of 100s of crores for the same. This definition nullifies this function and make shelters a temporary holding place for animals. It thus confuses shelters with animal pounds and obfuscates both purpose and definitions of these places.
2. ABC Rules Section 3 ‘Project Recognition’ (1) states – “No local authority or organisation shall undertake, conduct or organise animal birth control program for street dogs without a Certificate of Project Recognition from the Board.”
This exceeds the authority and purview of the AWBI. Local bodies are governed by State Municipal laws and do not need the consent or approval of the Board. The AWBI is attempting to illegally extend its power over the functioning of both state health departments and the management of a disease transmitting species under the guise of animal birth control. By doing this AWBI has unnecessarily burdened itself.
3. ABC Rules Section 3(4) states – “If a Local Authority is conducting the animal birth control program through its own veterinary officers, the Project In-charge of the Local Authority shall obtain Project Recognition from the Board.”
Veterinary doctors are only required to be registered with the Veterinary Council of India. AWBI has neither the expertise nor the authority to grant any such recognition.
4. ABC Rules Section 5 ‘Prohibition without recognition’ states – “No Animal Birth Control Program for street dogs shall be conducted unless the Local Authority or the Animal Welfare Organisation has obtained a certificate of Project Recognition for conducting such a program under these Rules.”
The AWBI does not have the authority to grant any certificate or approval to any local body for the same.
The task of registration should be left over to either Central or State Ministry or Civic Bodies.
5. ABC Rules Section 20 ‘Feeding of Community Animals’ states – “(1) It shall be responsibility of the Resident Welfare Association (RWA) or Apartment Owner Association (AoA) or Local Body’s representative of that area to make necessary arrangement for feeding of community animals residing in the premises or that area involving the person residing in that area or premises as the case may be, who feeds those animals or intends to feed those animals and provide care to street animals as a compassionate gesture.”
The Hon’ble Supreme Court in November 2022 laid down strict guidelines for stray dog feeding and stray dog feeders to ensure no nuisance is caused to citizens and to prevent endangerment of the lives of citizens. The amended rules completely sidestep, ignore and even violate the guidelines laid down by the Apex court.
Also, a large portion of urban settlement including unauthorised colonies do not come under any RWA. Further, in many societies RWA is not registered, nor elected. Moreover, there are infightings among RWAs. Hence, making RWAs responsible to make necessary arrangement for feeding of community animals does not make much sense.