Stray Dogs Are Creating A Menace In Society; Dog Lovers Must Come Forward So That Citizens Can Walk Freely Without Danger: Kerala HC
|The Kerala High Court has said that the stray dogs are creating a menace in our society and hence, dog lovers must come forward so that the citizens can walk freely without the danger of stray dogs.
The Court was dealing with a batch of writ petitions filed by the residents of the Muzhathadam Ward in Kannur District who were facing issues due to increase in the number of stray dogs in their residential area.
A Single Bench of Justice P.V. Kunhikrishnan observed, “A perusal of ABC Rules 2023 would show that there is a duty to the Local self government authorities to keep an eye on these stray dogs. The Act 1994, shows that licence is necessary to keep dogs. Admittedly, Mr.Rajeev Krishnan is not having any licence from the authorities concerned. As I mentioned in the beginning, the stray dogs are creating a menace in our society. School children are afraid to go alone to their school because of the apprehension that they will be attacked by stray dogs. It is a habit for several citizens to go for a morning walk.”
The Bench added that morning walk is also not possible today in certain areas because of the apprehension of attacks from stray dogs and if any action is taken against dogs, the dog lovers come and fight for them.
Advocate Prajit Ratnakaran appeared for the petitioners while SR. K.K. Chandran Pillai appeared for the respondents.
Brief Facts -
The grievances of the petitioners in this case were against the activities of a dog lover. Whenever there was an attack against stray dogs in the street, he used to take care of them in the house. The Muzhathadam Ward within the Kannur Corporation was a thickly populated residential area having several houses within the short distance. For the last three years, the said dog lover was keeping several stray dogs in his house and used to take care of them who were affected with illness or met with an accident. Initially, there were only a few dogs in his house and that was not much of a problem for the residents.
But later on, when the number of dogs increased, the said dog lover was not able to nurture them in a proper manner and the place became very unhygienic. Filthy and foul smell started emanating from his house causing nuisance to the people of the locality. During day and night, the dogs used to bark in high volume causing sound pollution and since they were not kept in the cages, they used to wander in the locality. Many times, it was noticed that the leather chappals and other items from the house were bitten and damaged by the dogs. The children were also afraid of being affected with diseases and health hazards and therefore, the residents were undergoing a lot of trauma and mental agony due to this. The people started agitation and several complaints were filed but no action was taken by the authorities.
The High Court in view of the above facts noted, “Barking dogs seldom bite” is an English proverb. But in reality, it may not be correct in our state atleast. Human-dog conflicts are taking place at regular intervals leading even to law and order problems in our State. If we read the newspapers, we can see regular news in which there is an attack from stray dogs towards small children, youngsters and even old people. If anybody says against this barbaric attack of stray dogs against human beings, they will be treated as inhuman persons towards animals.”
The Court said that the animals should be protected, but of course not at the cost of human beings as it is scary to see the photographs of injured small children, youngsters, and old people in newspapers because of the attack from stray dogs and hence, a solution is necessary for this.
“This court and the Apex court considered the gravity of this threat from stray dogs to the human beings in several cases. But even then, the threat from these stray dogs towards the human beings is continuing. A section of the people is against the stray dogs and their demand is to kill those dangerous dogs. On the other hand, there are dog lovers and they are fighting for these stray dogs. That is why, I said that there is conflict between the human-dogs”, it observed.
Furthermore, the Court said that human beings should be given more preference than stray dogs and the barbaric attack on stray dogs by human beings also should not be allowed. It said that in such circumstances, when dog lovers are coming to save these stray dogs, the local self-government authorities should give licence to them in accordance with law.
“While giving licence, the local authorities can impose conditions in tune with the provisions in ABC Rules 2023. This should be in addition to the duties of Local Self Government Institutions to protect the stray dogs as per ABC Rules. I am of the considered opinion that the dog lovers need not write and speak for the dogs in print and visual media, but they should come forward to protect these dogs if there is bonafides in their words along with the Local Self Government Institutions”, it suggested.
The Court added that the bonafide dog lovers can be given licence if they are ready to protect the stray dogs in tune with the provisions of ABC Rules 2023 and other statutory provisions.
“The Central Bureau of Health Intelligence, the National Nodal Agency for Health Intelligence in the Directorate General of Health Services, Ministry of Health & Family Welfare, annually brings out a Publication named ‘National Health Profile’ which covers all the major information health-related matters including the number of cases and deaths due to rabies in India. The number of cases or deaths in various years goes as follows: 733 in 2020, 105 in 2019, 116 in 2018, 111 in 2017, 93 in 2016, 113 in 2015, 125 in 2014 and 132 in 2013”, it also noted.
The Court took note of the fact that hundreds of people, mostly children from poor and rural families, have been killed by dogs in our country and the deaths and serious injuries because of the dog bite is there in the State of Kerala also.
“The stray dogs are increasing every day and it is a menace to the society. Dog lovers also should be aware of the same. They should come forward like Rajeev Krishnan to protect these stray dogs so that school going children, morning walkers, old people etc., can walk free without the danger of stray dogs. I leave it there”, it said.
The Court further directed that the State Government should frame a guideline or scheme or if necessary, rules or legislation in consultation with the Union government to give licence to individual interested dog lovers to maintain stray dogs in tune with Animal BirthC Rules 2023, so that the dog lovers can come forward to protect these dangerous furies dogs along with local government institutions instead of fighting for these dogs in print and visual media.
Accordingly, the High Court disposed of the petitions.
Cause Title- T.M. Irshad & Anr. v. The State of Kerala & Ors. (Neutral Citation: 2024:KER:17023)
Appearance:
Petitioners: Advocates Prajit Ratnakaran and E. Mohammed Shafi.
Respondents: SR. K.K. Chandran Pillai, Advocates Phijo Pradeesh Philip, S. Ambily, and SC M. Meena John.
Other: GP BS Syamanthak