State Obliged To Protect Citizens From Ferocious Dogs, Citizens Should Not Inflict Unnecessary Harm On Dogs: Kerala HC

While dealing with the issue of Dog bite incidents across the State, the Kerala High Court has directed that citizens should refrain from taking law into their own hands by inflicting unnecessary harm on community dogs.

"…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.", the Bench of Justice A.K. Jayasankaran Nambiar and Justice Gopinath P observed.

The Court also noted that the State must protect its citizens from the attack of ferocious dogs by identifying and containing such dogs and removing them from public places.

"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.", the Bench noted.

The Court had convened a special sitting on September 14, 2022, taking note of the instances of dog bites being reported across the State.

When the Court had enquired with Additional Advocate General Asok M. Cherian about the steps being taken by the State Administration to address this pressing issue, the Court was told that the State Administration has taken certain decisions, and a detailed report regarding the steps taken will be furnished before the Court by September 16, 2022.

The Court directed the State Government to also mention in the report the steps taken by it pursuant to the earlier orders of the Court while narrating the steps currently proposed to be taken to tackle the menace of dog bites.

"In the report that is proposed to be filed before us on 16.09.2022, the State Government shall also mention the steps taken by it pursuant to our earlier orders while narrating the steps currently proposed to be taken to tackle the menace of dog bites.", the Court directed.

When the Amicus Curiae had pointed out about reports of various instances of unauthorised killing of community dogs, the Court directed the State Government to cause suitable public instructions to be issued through the State Police Chief, clarifying that as the State is taking necessary steps to contain the incidents of dog bites, the citizens should also refrain from taking law into their own hands.

Cause Title- Bruno (Suo Motu) Public Interest Litigation

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