Allowed

Antara Roychowdhury v. State of West Bengal and Anr.

Calcutta HC13 May 2024CRR/447/2021

Case brief

AI extract

What is this about?

The High Court of Calcutta, in a Special Leave granted case (CRR), quashed impugned proceedings of a Special Executive Magistrate pending under Section 401 CrPC. The court observed the dispute was private, lacked public danger, and noted the existence of a detailed Municipal Corporation SOP regulating stray dog feeding. It allowed the application and directed the State to notify the Ministry of He

What did the court decide?

M/SEM Case No.45 of 2021 was quashed; CRR 447 of 2021 was allowed; State directed to communicate order to Ministry of Health Affairs.

Antara Roychowdhury Vs State of West… — Constitutional and Fundamental Rights | Calcutta HC (2024)

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D/L13 C.R.R.447 of 2021 13.05.2024 Bpg. In Re: An application under Section 401 of the Code of Criminal Procedure, 1973;

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Antara Roychowdhury Versus The State of West Bengal and another

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Mr. Sabir Ahmed

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Mr. Apan Saha. …for the petitioner.

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Mr. Rudradipta Nandy Ms. Sujata Das. ...for the State.

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Mr. Kishore Dutta, Ld. A.G. Ms. Sreyashee Biswas Mr. A.S.Chatterjee Mr. Goutam Dinda Ms. Puja Goswami.

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...for the K.M.C.

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The office order dated 11.05.2024 reflects that the Standard Operating Procedure for Community dogs (stray or streetdogs) feeding under the jurisdiction of Kolkata Municipal Corporation has been laid down. The office order also contains the provisions relating to violation of the provisions. Earlier a report was placed wherein each wards have been earmarked. The same be circulated by way of notices at common places so that public awareness with passage of time develops. For further convenience the whole of the office order which has been issued by the Chief Municipal Health Officer be set out as follows:

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“Order No. H/00/14/2024-2025 Date: 11.05.2024

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OFFICE ORDER

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In partial modification of CMHO's Office Order No.

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H/00/160/2023-2024 dated 01.02.2024 the following Office Order should be implemented immediately. Executive Health Officer of the concerned Borough will be functioning as a Nodal Person of that concerned Borough.

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Standard Operating Procedure for Community dogs (stray or streetdogs) feeding under Kolkata Municipal Corporation area.

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This Standard Operating Procedure is issued under discretionary powers of the Kolkata Municipal Corporation vested under Section 30(S) of the Kolkata Municipal Corporation Act, 1980.

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Every person has a right to show compassion, love and affection towards animals in any form whatsoever including feeding of street or straydogs and this is a right guaranteed to every person under law and should be encouraged. This inherent or natural right of a person to love or show kindness or feed animals cannot be restricted so long and till such time the said acts do not cause any harm, hindrance, harassment and nuisance to other individuals or members of the society.

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Animals too have a right to be treated with compassion, respect and dignity. In fact, it is the responsibility of State, all authorities and bodies including each and every citizen to ensure protection of animals against pain and suffering - ensure (a) freedom from hunger, thirst and malnutrition; (b) freedom from fear distress; (c) freedom from physical or thermal discomfort; (d) freedom from pain, injury and disease; and (e) freedom to express normal patterns of behavior.

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Community dogs (stray or street dogs) have the right to food and citizens have the right to feed community dogs but in exercising this right, care and caution should be taken to ensure that it does not impinge upon the rights of others or cause any harm, hindrance, harassment and nuisance to other individuals or members of the society.

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Feeding of the community dogs has to be done only at "designated areas" indicated by the Kolkata Municipal

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Corporation within a "specified time" for caregivers or feeders to feed the community dogs in two slots - once in the morning ie. before 7A.M. and once in the evening i.e. after 7 P.M. for a minimum of 2 hours each.

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General Penalty:

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Whoever contravenes the instant SOP including those found feeding community dogs outside the designated areas and whoever seeks to restrain or harass any care-giver or community dog feeder from feeding community dogs in the manner specified shall be punished with General Penalty under Section 618 of the Kolkata Municipal Corporation Act, 1980.

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Regarding General Penalty u/S 618 of KMC, he or she shall be punishable with fine which may extend to one thousand rupees and in the case of a continuing failure or contravention, with an additional fine which may extend to one hundred rupees for every day after the first during which he has persisted in failure or contravention.

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A. Penalty for contravention of condition of SOP by a Care Giver-

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If a care giver is found feeding community dog or dogs beyond the designated area and/ or found feeding community dog in violation of the condition of SOP or found to have violated any conditions of SOP shall be punished in terms of the provisions of under Section 618 of the Kolkata Municipal Corporation Act, 1980.

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B. Penalty for contravention of condition of the SOP by any person other than a Care: giver-

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If any person is found to restrain or harass or resist any caregiver who is feeding community dog or dogs in the manner as specified in the SOP or if such person is found feeding community dog or dogs in violation of the condition of SOP or violated any of the conditions of SOP, shall be punished in terms of the provisions of Section 618 of the Kolkata Municipal Corporation Act, 1980.

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Foods one should and shouldn't feed to stray dogs

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When stray dogs are hungry, they will eat anything, but this puts them at a higher risk of poor hygiene. Below are some foods for

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feeding straydogs by the caregiver or community dog feeder. Roti, rice, boiling potatoes, vegetable oil/ghee: A common human diet is also a good source of nourishment for dogs. The easiest and most substantial meal a caregiver or community dog feeder can give stray dogs is a mixture of soft-cooked rice, chappati, small chunks of boiled potatoes and a small amount of vegetable oil or ghee in water. Mincing chappatiaids digestion.

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Throwaway meat parts: Cuts not ordinarily consumed by humans, such as chicken feet, goat lungs and other fish parts, thrown away like garbage butchers can be used to feed the stray dogs in the designated areas. Cuts need to be cooked correctly for puppies and older dogs. The cuts can be combined with rice and served as a high-proteinmeal. In addition, the dog gets the bone. Adding Haldi (turmeric): Adding pinch of Haldi (turmeric) to the rice provides stray dogs with a mouthwatering meal. Store-bought dog food: Canned dog food and packed meals either soaked in water or with boiled rice.

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Water: Arrangement for sufficient water in clean water bowls at designated places.

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Foods to be avoided for feeding stray dogs

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Chocolate: Theobromine content in chocolates cause a significant increase in blood pressure in dogs, which could lead to the failure of many essential organs including the nervous system.

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Caffeine: Caffeine has qualities comparable to those found in chocolate is equally detrimental. Dairy items: Digestive system of dogs is not suited to break down the fat found in dairy products for which dogs are lactose intolerant. Milk or cheesy foods could cause difficulties like vomiting and diarrhea.

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Sweetened snacks: Sweetened snacks contain xylitol, an artificial sweetener commonly found in cookies, candies, and chewing gums might cause life-threatening consequences like acute liver disease and blood clotting issues.

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Onions and garlic: Foods with onion and garlic mixtures, which when taken by dogs can cause stomach irritation and, in severe

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situations, red blood cell destruction.

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Alcohol: Tiniest amount of alcohol to dogs is harmful. Berries: Grapes, cherries, and raisins contain the artificial sweetener xylitol and are harmful like sweetened snacks. Use biodegradable/disposable cutlery: Disposable plates are best used to serve the stray dogs which should be disposed of in the nearby trash can. Alternatively any paper including newspaper pieces can be used for dog feeding. ”

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Henceforth, the concerned Health Officers of the ward/borough will take steps and inform the concerned administrative authorities to take action if there are disputes arising from feeding of stray or streetdogs at places which have been earmarked by the Kolkata Municipal Corporation. If required in the Gazette Notification of Kolkata Police as also other social networking platforms the places of stray or streetdogs feeding, consequences of violation be widely published before taking any punitive action at least for the next one month from the date of publication of this order

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So far as the present proceedings are concerned, the same arise out of private and personal dispute between the two parties and there was no apprehended danger of public at large. Having considered the same and the time period which has elapsed in M/SEM Case No.45 of 2021 pending before the learned Special Executive Magistrate, South Suburban Division at Kolkata be hereby quashed.

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Accordingly, CRR 447 of 2021 is allowed.

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Pending connected application, if any, is consequently

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disposed of.

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State is directed to communicate this order to the Sectary, Ministry of Health Affairs, Government of West Bengal for taking necessary and appropriate action.

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All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

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(Tirthankar Ghosh, J.)

Antara Roychowdhury v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Antara Roychowdhury v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

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