“While the pet owners may have the liberty to take their dogs to the parks to roam around, on the other hand, the other section of the society and the class of the people who visit the parks, have a right to enjoy clean environment. A clean and comfortable climate are sine qua non to make a garden the garden. A park without neatness and cleanliness management is not a park, but turns to be a chaotic place, and a place with nuisance and garbage.”
The Karnataka High Court recently made the above observation while considering a Public Interest Litigation (PIL) filed in 2021 by an NGO which highlighted the lack of cleanliness in public parks due to irresponsible pet parenting. The petition further complained about failure of the authorities to maintain cleanliness and clean climate in general in the public parks and gardens.
The PIL highlighted the issue of stray dogs in public parks, stating that some parks have community dogs that live inside the parks, and that community-driven groups take care of their welfare. It argued that the Bruhat Bengaluru Mahanagara Palike (BBMP) is responsible for the vaccination and care of stray dogs, and that the feeding of stray dogs by some individuals cannot compromise the need for cleanliness and public safety.
The NGO sought direction to the BBMP to enforce the provisions of the Solid Waste Management bylaws, 2020, and to permit access to pets in public parks only if the pet owners carry bio-degradable poop bags with them. It also sought the implementation of guidelines issued by the state government regarding the feeding of stray dogs and the responsibilities of pet owners.
Karnataka filed an affidavit highlighting the steps taken to address the issue of pet dogs in public parks. The affidavit said that the authorities have been following guidelines issued by the Animal Welfare Board of India and the BBMP. Instruction boards have been erected in Cubbon Park and Lalbagh to inform the public about the rules. However, the state submitted that despite these efforts, pet dog owners are not following the instructions, and many complaints have been received about the disturbance caused by pet dogs in the parks.
A division bench, comprising Chief Justice NV Anjaria and Justice KV Aravind observed that the beauty of parks lies in their neatness and cleanliness, which contributes to a healthy climate. The right to live in a healthy and hygienic climate is recognized as a fundamental right under Article 21 of the Constitution. Citizens expect parks and gardens to be clean and free from garbage and filth, where they can relax, walk, exercise, or spend time with their families.
The High Court bench observed that the claim of the state authorities that guidelines are being followed to maintain cleanliness in parks is not enough. People visit parks to breathe pure and clean air, and it is the responsibility of the authorities to ensure that parks are kept clean. This is not only true for parks and gardens, but also for all public places, including playgrounds, temple sites, bus stations and railway stations. The bench further noted that the citizens have the right to demand that they should be saved from the menace of pets that fail to maintain cleanliness. The responsibility lies with both the pet owners and the civic authorities. The luxury of owning pets can only be enjoyed by strictly following the guidelines provided regarding cleanliness and hygiene. Cleanliness is desired by all commuters, and all parks, including prominent ones like Cubbon Park, should be spared from activities that compromise cleanliness.
The bench further held that in addition to keeping parks clean, the menace of stray dogs within park areas also needs to be tackled. Stray dogs pose a threat to the free and safe movement of commuters, and authorities must discharge their duties in this regard. The bench issued several directions while permitting the withdrawal of the PIL:
—By Shivam Sharma and India Legal Bureau
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The Karnataka High Court recently made the above observation while considering a Public Interest Litigation (PIL) filed in 2021 by an NGO which highlighted the lack of cleanliness in public parks due to irresponsible pet parenting. The petition further complained about failure of the authorities to maintain cleanliness and clean climate in general in the public parks and gardens.
The PIL highlighted the issue of stray dogs in public parks, stating that some parks have community dogs that live inside the parks, and that community-driven groups take care of their welfare. It argued that the Bruhat Bengaluru Mahanagara Palike (BBMP) is responsible for the vaccination and care of stray dogs, and that the feeding of stray dogs by some individuals cannot compromise the need for cleanliness and public safety.
The NGO sought direction to the BBMP to enforce the provisions of the Solid Waste Management bylaws, 2020, and to permit access to pets in public parks only if the pet owners carry bio-degradable poop bags with them. It also sought the implementation of guidelines issued by the state government regarding the feeding of stray dogs and the responsibilities of pet owners.
Karnataka filed an affidavit highlighting the steps taken to address the issue of pet dogs in public parks. The affidavit said that the authorities have been following guidelines issued by the Animal Welfare Board of India and the BBMP. Instruction boards have been erected in Cubbon Park and Lalbagh to inform the public about the rules. However, the state submitted that despite these efforts, pet dog owners are not following the instructions, and many complaints have been received about the disturbance caused by pet dogs in the parks.
A division bench, comprising Chief Justice NV Anjaria and Justice KV Aravind observed that the beauty of parks lies in their neatness and cleanliness, which contributes to a healthy climate. The right to live in a healthy and hygienic climate is recognized as a fundamental right under Article 21 of the Constitution. Citizens expect parks and gardens to be clean and free from garbage and filth, where they can relax, walk, exercise, or spend time with their families.
The High Court bench observed that the claim of the state authorities that guidelines are being followed to maintain cleanliness in parks is not enough. People visit parks to breathe pure and clean air, and it is the responsibility of the authorities to ensure that parks are kept clean. This is not only true for parks and gardens, but also for all public places, including playgrounds, temple sites, bus stations and railway stations. The bench further noted that the citizens have the right to demand that they should be saved from the menace of pets that fail to maintain cleanliness. The responsibility lies with both the pet owners and the civic authorities. The luxury of owning pets can only be enjoyed by strictly following the guidelines provided regarding cleanliness and hygiene. Cleanliness is desired by all commuters, and all parks, including prominent ones like Cubbon Park, should be spared from activities that compromise cleanliness.
The bench further held that in addition to keeping parks clean, the menace of stray dogs within park areas also needs to be tackled. Stray dogs pose a threat to the free and safe movement of commuters, and authorities must discharge their duties in this regard. The bench issued several directions while permitting the withdrawal of the PIL:
- The provisions of the Karnataka Parks, Playfields and Open Spaces (Preservation and Regulation) Act, 1985, shall be implemented in letter and spirit by the authorities concerned.
- Solid Waste Management and Handling Rules, 2016, shall be strictly followed and implemented for parks and gardens, including all other areas where they apply. The BBMP shall also exercise its statutory power to frame or amend or supplement the rules in the subject.
- Adequate funds shall be allocated for maintenance and for cleanliness of the parks and gardens in the city, by the civil authorities in the budgetary provisions.
- The horticulture department of the state government as well as the Bruhat Bengaluru Mahanagara Palike shall work out and evolve a permanent mechanism to ensure that vigil is kept in all parks and gardens in Bengaluru.
- It will be the responsibility of the authorities concerned from the department and the Mahanagara Palike to see to it that the activities of spitting, throwing garbage or leaving the pet refuse does not happen within the park/garden area and precincts thereof, and that the cleanliness is maintained.
- The vigil and monitoring as above shall be done by deploying supervising teams. The BBMP shall amend the relevant bylaws to incorporate the appropriate rule. The rules shall also provide for imposition of penalty on the violators.
- The penalty amount for dog owners who or whose dogs are found and detected to be conducting themselves irresponsibly in treating and cleaning the excrement of their pets in the public park areas, shall be higher than to be imposed on the other class who commit breach of norms of cleanliness.
- A three-member team, comprising of one officer from horticulture department and two officers from BBMP shall be constituted which shall pay periodical visit, say quarterly, to all the major gardens and parks in the city of Bengaluru to inspect, ascertain the effective observance and implementation of maintenance of cleanliness and related measures and suggest and chalk out remedial steps/actions wherever necessary.
—By Shivam Sharma and India Legal Bureau
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