The contrasting approaches of The M.C.D. [Municipal Corporation of Delhi] and the B.B.M.P [Bruhat Bengaluru Mahanagara Palike] in the face of AWBI’s advice on errant organizations namely ‘Circle of Animal Lovers’ (CAL) in Delhi & ‘Animal Welfare Society’ (AWS) in Bangalore.
The Animal Welfare Board of India (AWBI) & both municipal bodies in Delhi and Bangalore received several complaints over the past years against the treatment of stray dogs by the respective Animal Welfare Organizations (AWOs) from several volunteers and animal lovers – with irrefutable evidence. In both cases AWBI constituted a formal inquiry. In both the cases the allegations were found to be true. AWBI send out the instructions to MCD & BBMP respectively asking for the errant AWO’s to be removed from the ABC program (AWBI’s de-recognition of AWS can be seen here). Here’s where the similarity ends.
While MCD on receiving this information immediately took off CAL from the ABC program in Delhi vide the letter shown here, BBMP first allowed AWS to operate for several month as-is, and then against an explicit High Court Order found it convenient to let it operate the same facility and infrastructure in the name of an individual of AWS (this can be seen a series of articles here).
What makes it more interesting is that the BBMP MOU under which all AWO’s carry out ABC in Bangalore is clear that BBMP can discontinue the AWO’s operation at any time as it sees fit. So BBMP had the legal standing wrt it own MOU to take action which it has failed to do.
It begs the question – what equation would exist between BBMP and the AWO for it to consistently act against court orders, against a Govt of India/ AWBI directives and against its own MOU?
Here’s a detailed analysis of the contrasting behavior of the 2 municipal corporations:
- The Municipal Corporation of Delhi is the civic body entrusted with the performance of municipal functions in the National Capital Territory of Delhi. The Bruhat Bengaluru Mahanagara Palike is the civic body entrusted with the performance of municipal functions in Bangalore.
- In the context of animal birth control, and The Animal Birth Control (Dogs) Rules, 2001, they are both “LOCAL AUTHORITIES”.
- As per law, they are both required to control stray dog population ONLY through sterilization and immunization of dogs with the participation of Animal Welfare Organizations. [ Rule 6(2) of the Animal Birth Control (Dogs) Rules ]
- The Animal Welfare Organizations that they involve, and that participate in the animal birth control program that they have put into place within their respective jurisdictional limits, have NECESSARILY to be recognized by the Animal Welfare Board of India. [Rule 2(b) of the Animal Birth Control (Dogs) Rules]
- An “Animal Welfare Organization” that the Animal Welfare Board of India chooses to de-recognize, after due application of mind, on account of myriad complaints received regarding serious violations of animal welfare laws and procedures, and violations of the Animal Welfare Board of India Standard Operating Procedures, CANNOT PARTICIPATE IN THE ANIMAL BIRTH CONTROL PROGRAMME of a Local Authority, as per the Animal Birth Control (Dogs) Rules.
- & hence, if such an eventuality occurs, both, the M.C.D. and the B.B.M.P. are bound by law to require the erring Animal Welfare Organization to discontinue animal birth control within their respective jurisdictional limits.
This is where the similarity ENDS, in the context of animal birth control, and their treatment of discredited, notorious “Animal Welfare Organizations”.
Glaring Contrasts :
- The Animal Welfare Board of India has outright de-recognized A.W.S., i.e. THE ANIMAL WELFARE SOCIETY ; and debarred it from participating in Bangalore’s animal birth control program vide its communication no. 10-683/07-08/AWO dated 12th October, 2011. This was done pursuant to 2 careful inspections conducted at the A.W.S. center by authorized personnel, which revealed serious violations of animal welfare laws, and violations of the Animal Welfare Board of India Standard Operating Procedures for animal birth control. After following all due procedures such as issuance of a show cause notice, etc., this step was taken.
What is significant is that the Chairperson of the Board then wrote to the Commissioner, B.B.M.P., requiring him to ensure that A.W.S. does not participate in the animal birth control program at Bangalore.
What is also significant is that the A.W.S. filed a writ petition at Hyderabad before the Andhra Pradesh High Court, challenging the Board’s action ; AND THE COURT HAS SPECIFICALLY RESTRAINED A.W.S. FROM PARTICIPATING IN THE ANIMAL BIRTH CONTROL PROGRAMME AT BANGALORE. The litigation before the High Court at Hyderabad is pending.
However, A.W.S. continues to operate within Bangalore, albeit under an altered name – that of its Secretary, Dr. Srinivasulu – with the complicity, and active encouragement of the B.B.M.P.
- The Animal Welfare Board of India has been receiving myriad, and serious complaints against the Delhi based “Animal Welfare Organization” known as CIRCLE OF ANIMAL LOVERS, OR C.A.L., OR C.o.A.L, regarding violations of animal welfare laws, and violations of the Animal Welfare Board of India Standard Operating Procedures for animal birth control.
Inspections were therefore conducted at their centers by the Animal Welfare Board of India authorized personnel, with the last inspection conducted on 31st May, 2011 ; and a show cause notice was then issued.
- NOW HERE’S THE GLARING CONTRAST BETWEEN THE 2 CIVIC BODIES :
The Municipal Corporation of Delhi, sensitive to the Animal Welfare Board of India’s concerns, and having been required by the Board to do so, has vide its communication dated 9th June, 2011, SPECIFICALLY REQUIRED THE CIRCLE OF ANIMAL LOVERS, OR C.A.L. TO SUSPEND ANIMAL BIRTH CONTROL OPERATIONS AND WORK IN DELHI !
The Animal Welfare Board of India & the municipal body at Delhi, i.e. the Municipal Corporation of Delhi, are obviously working together, to implement the law of the land.
- & hence, Circle of Animal Lovers has been constrained to file a writ petition before the Hon’ble High Court of Delhi, challenging both, THE ACTIONS OF THE ANIMAL WELFARE BOARD OF INDIA, AND THE MUNICIPAL CORPORATION OF DELHI. In the litigation filed by Circle of Animal Lovers, the Board and the M.C.D. are co-respondents, and working together to : UPHOLD THE ACTION BEING TAKEN AGAINST THE ERRING DELHI BASED N.G.O., ‘CIRCLE OF ANIMAL LOVERS’.