SC lists stray dog menace issue for hearing in February

New Delhi [India], January 10 (ANI): The Supreme Court on Wednesday listed February for the hearing of the petitions relating to the stray dog menace in Kerala and other parts of the country.

A bench of justices JK Maheshwari and Sudhanshu Dhulia posted the matter for February.

The bench also asked the parties to make available the concerned issues, related laws, views taken by the different High Courts, and various others.

During the hearing, Justice Dhulia, in a lighter vein, remarked that if a dog is barking at night and that disturbs someone, then it will not be covered here.

The top court was hearing the pending petition filed by the Animal Welfare Board of India, challenging a 2006 judgement of the Kerala High Court that empowered local self-government institutions to kill stray dogs.

The petition was filed in the apex court after the Kerala government in 2015 decided to eliminate stray dogs after a spate of dog attacks on people.

Kerala State Commission for Protection of Child Rights moved an application seeking to intervene as a party in the case and apprised the top court that the Commission received many complaints about the nuisance of stray dogs and the plight of children who have been fatally bitten by them and the Commission has also taken suo-motu cases on several such incidents.

The Kerala State Commission for Protection of Child Rights, in its application, told the court that there are large numbers of dog bite incidents reported across the state, especially against children.

The commission mentioned that 5794 stray dog attacks were reported in 2019, 3951 cases in 2020, 7927 cases in 2021, 11776 cases were reported in 2022 and 6276 cases were reported up to June 19, 2023, in Kannur District.

“After the death of a child named Nihal, repeated attacks from stray dogs were being reported. Stray dogs do not have the lame nature of a faithful domesticated dog. It is just like a vermin and when they gather, their attacking nature will be shown and become dangerous,” the commission said in its application.

Kannur district panchayat earlier mentioned the shocking incident of an 11-year-old autistic child, namely Nihal, being mauled to death by a pack of stray dogs at Kannur on June 11 and the inquest and autopsy report of the deceased child revealed the horrific nature of the attack as bite marks and scratches were seen all across his body, including deep injuries behind his neck and ear.

Last year, a similar incident happened in the Kottayam District of Kerala, where a 12-year-old died due to a stray dog attack.

The application filed by Kannur district panchayat against the order dated November 4, 2015, passed by the High Court of Kerala at Ernakulam, whereby the High Court disposed of the Writ Petition by issuing various directions to the local authorities to exercise the powers under the provisions of the Animal Birth Control (Dogs) Rules, 2001 and the Prevention of Cruelty to Animals Act, 1960.

It is submitted that the facts stated in the Special Leave Petition as well as the impleadment application may be treated as part of this application.

Kannur district panchayat said that there are large numbers of dog bite incidents reported across the district, especially against children and considering the emergent situation, the applicant is praying for certain directions from the court.

The application mentioned that there are approximately 28000 stray dogs within the limits of the applicant herein. The applicant panchayat is making every effort to control the stray dog menace within the local limits, but the incidents of stray dog attacks, bites, and road accidents due to dog collisions are increasing day by day within the District Panchayat area as well as throughout the state.

In the prevailing circumstances, the applicant panchayat said that they have no other remedy except for euthanizing suspected rabid dogs or extremely dangerous dogs humanely.

Earlier in 2022, the Kerala government sought permission from the Supreme Court to allow the Kudumbashree units to undertake Animal Birth Control programmes to prevent the increase in the number of stray dogs and to permit euthanasia or culling of violent and vicious stray dogs.

In an affidavit filed by the Kerala government, the state government has sought permission to allow the Kudumbashree units trained in the ABC programme to undertake Animal Birth Control programmes to tide over the present crisis.

The Kerala government mentioned these facts in an affidavit filed in the matter pertaining to the menace of stray dogs in the state. The Kerala government had prayed to permit euthanasia or culling of violent and vicious stray dogs, in particular dogs suspected of having contracted rabies.

Even on earlier occasions, two local bodies from Kerala, Kannur District Panchayat and Calicut Municipal Corporation, have moved the Supreme Court seeking permission to kill stray dogs, which are a threat to human life.

Earlier, Kannur District Panchayat, in its plea, submitted that there are approximately 28000 stray dogs in its jurisdiction and they are making every effort to control the menace of stray dogs within the local limits, but the incidents of stray dog attacks, bites, and road accidents due to dog collisions are increasing day by day within the District Panchayat area. The Kannur local body also mentioned that an estimated 30 stray dog bites have been reported every day in the recent past and many cattle were killed in stray attacks.

The Supreme Court had earlier told the Kerala government that a solution must be found to address the stray dog issue and balance the same with animal rights.