Kerala High Court: While addressing the menace of dog bites in Kerala and the incidents of unauthorised killing of community dogs, the Division Bench of A.K. Jayasankaran Nambiar and Gopinath P, JJ., directed the State Police Chief to issue circular clarifying that—
“While the State Administration is taking necessary steps to contain the incidents of dog bites, the citizenry shall also refrain from taking law into their own hands by inflicting unnecessary harm on community dogs.“
Taking note of the instances of dog bites across the State, the Court had convened a special sitting to look into the matter. On enquiring with the State as to the steps being taken by the State Administration to address this pressing issue, Asok M. Cherian, Additional Advocate General informed the Court that the State Administration has already taken certain decisions, and a detailed report regarding it will be furnished before this Court by 16-09-2022.
Considering the above, the Court pointed out various earlier orders issued by the Court to monitor the implementation of the Animal Birth Control procedure throughout the State with a view to keep a check on the proliferation of community dogs, and for ensuring that they were duly vaccinated against infectious diseases.
Noticeably, the Court, on earlier occasions, had issued the following orders to address the animal menace in the State:
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By an order dated 02-08-2021, the Court had-while adjudicating the issue of subjecting community dogs in the Thrikkakara Municipality to the Animal Birth Control procedure-directed the Municipality to identify areas within its geographical limits where the community dogs could be rehabilitated and sheltered.
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On 29-10-2021, the Court directed the State Animal Welfare Board to assess the infrastructural facilities available within the territorial limits of all local authorities in the State for carrying out Animal Birth Control measures and to suggest measures for the augmentation of such facilities under each of those local authorities.
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On 08-07-2022, the Court directed the State Animal Welfare Board to publish the list of Veterinary Hospitals having night emergency services available on its website and to collect the telephone numbers of each of these centres, and to ensure that the Hospitals were functioning round-the-clock.
Hence, the Court directed that in the report that is proposed to be filed on 16-09-2022, the State shall also mention the steps taken by it pursuant to the aforesaid earlier orders while narrating the steps currently proposed to be taken to tackle the menace of dog bites. The Court said,
“The State Administration must remind itself of the fact that in its role as a welfare State and as parens patriae of the citizenry it is obliged to protect the citizens from the attack of ferocious dogs by identifying and containing such dogs and removing them from public places.”
On being apprised of various instances of unauthorised killing of community dogs in the State, the Court-with a view to balancing the rights and interests of our citizens vis-a-vis those of animals-directed the State to cause suitable public instructions to be issued through the State Police Chief, clarifying that while the State Administration is taking necessary steps to contain the incidents of dog bites, the citizenry shall also refrain from taking law into their own hands by inflicting unnecessary harm on community dogs. Additionally, the Court also directed the State to file a copy of the Circular so issued with the report to be filed on 16-09-2022.
The matter is posted on 16-09-2022.
[In Re: Bruno (Suo Motu) Public Interest Litigation v. Union of India, 2022 SCC OnLine Ker 4619, decided on 14-09-2022]
*Kamini Sharma, Editorial Assistant has put this report together.