Person With Disability Has Fundamental Right To Move On Streets Without Fear Of Being Attacked By Stray Animals: Delhi HC Directs Relocation Of Monkeys To Wildlife Sanctuary
While observing that a person with a disability has a fundamental right to move on the streets of Delhi without the fear of being attacked by stray monkeys and dogs, the Delhi High Court has directed the stray monkeys to be shifted to the Asola-Bhatti Wildlife Sanctuary.
The Court noted a growing concern for safety due to “hundreds of rabies bites everyday” attributed to the “careless attitude of some members of civic society.” It questioned the practice of individuals who bring “food from home and feed it to dogs as well as monkeys in public parks and roundabouts,” which has made these areas unsafe “for small children, disabled people and elderly.”
A Division Bench of Chief Justice Manmohan and Justice Tushar Rao Gedela observed, “In fact, Delhi is no longer a safe city for pedestrians with hundreds of rabies bites everyday due to careless attitude of some members of civic society. Is it fair that people should get food from home and feed it to dogs as well as monkeys in public parks and round abouts making them unsafe for small children, disabled people and elderly? Is it fair that large number of banana sellers should sit right outside city forests and green belts for some citizens to entice monkeys from tree tops and come down to pavements - making them abandon their natural food and instead chase innocent pedestrians for food?”
Advocate Sumit Kumar appeared for the petitioner, while Senior Advocate Percival Billimoria represented the respondents.
The High Court issued the directive addressing the threats posed by stray animals, specifically monkeys and dogs, to pedestrians on the city’s streets. The order followed the Court’s observation of the challenges faced by “persons with disabilities,” who, the Court emphasized, had “a fundamental right to move on the streets of Delhi without the fear of being attacked by stray monkeys and dogs.”
The Court pointed out that some people feed monkeys near “city forests and green belts,” encouraging the animals to abandon their natural food sources and seek food from pedestrians. This has led to an increase in incidents where pedestrians are pursued for food. Another key observation was the issue of leftover food from roadside eateries, canteens, and ‘Bhandara’ points near prominent locations, like the All India Institute of Medical Sciences (AIIMS). This practice, the court noted, has led to a “dangerous situation” with animals congregating in large numbers, heightening the risk of “attacks and bites” on individuals near these sites.
The order further criticized the actions of “self-styled do-gooders,” who frequently “fill their vans with cooked food” and distribute it across public spaces, resulting in “more than two hundred (200) monkeys in many public places,” with daily cases of “assault and bites on hapless citizens.”
To tackle this issue, the Court directed that the Chief Secretary of GNCTD convene a meeting on November 4, 2024. Attendees are to include heads of the Municipal Corporation of Delhi (MCD), New Delhi Municipal Council (NDMC), Delhi Cantonment Board, the Forest Department (GNCTD), and the Department of Animal Husbandry, as well as representatives from the Animal Welfare Board of India (AWBI). The purpose of this meeting is to create a collaborative approach to addressing the threats posed by stray animals in Delhi’s public spaces.
In addition, the High Court has ordered that “monkeys shall be shifted from Delhi to Asola-Bhatti Wildlife Sanctuary, New Delhi,” with relocation efforts to be carried out by the NDMC, MCD, Delhi Cantonment Board, and the Department of Forest on a priority basis. The Court remarked that “the animals are paying a penalty for careless and negligent behaviour of us humans.”
The Court further directed the Chief Secretary of GNCTD and relevant respondents to submit a fresh status report by the next hearing date on November 18, 2024.
Cause Title: Nyaya Bhoomi v. Govt. Of NCT Of Delhi & Ors
Appearance:
Petitioner: Advocate Sumit Kumar
Respondents: Senior Advocate Percival Billimoria; Standing Counsel Santosh Kr Tripathi, Srinarsha Peechara; ASC Karn Bhardwaj; Advocates Rajat Gaba, Shubham Singh, Saurabh Dahiya, Ajjay Aroraa, Kapail Dutta, Akshat Kulshrestha, D.S. Bhanu, Jasmine Damkewala, Saurabh Malhotra, Prem Sood, Vaishali Sharma, Tushar Bathija, Rachita Sood, Divyam Khera, Esha Dutta, Shaalini Agrawal and Siddharth Pande