SC to hear various pleas relating to stray dog issue in Kerala on August 16

New Delhi [India], July 12 : The Supreme Court on Wednesday said that it will hear on August 16 on pleas relating to the stray dog issue in Kerala.

The court also asked concerned parties to file reply to the pleas filed by Kannur Panchayat and Kerala Child Rights body.

Kerala State Commission for Protection of Child Rights has moved an application seeking to intervene as party in the case and apprised the top court that the Commission has 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 take suo-motu case on several such incidents.

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 5,794 stray dogs attacks were reported in 2019, 3951 cases in 2020, 7927 cases in 2021, 11776 cases were reported in 2022 and 6276 cases are reported upto 19th June, 2023.

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

During the hearing the court remarked that can it be human and dog conflict. The court made these when various lawyers apprised the court about their suggestions relating to the issue.

Senior Advocates Menaka Guruswamy and Former Union Minister KJ Alphons among others who apprised the court that they have some suggestions. Senior Advocate Sidharth Luthra for AWBI, also apprised the court they have also proposed some suggestions.

Senior Advovate Krishnan Venugopal apprised court about Animal birth control rules which have not been implemented in the Kerala. No such incidents in Delhi, Jaipur, Bombay where it have been followed , he informed.

The court also asked Advocate Manisha Karia to prepare the chart of details of applications, pending cases, rules and others.

One of the intervening applications was filed by Kannur district panchayat which has sought permission for euthanizing suspected rabid dogs / extremely dangerous dogs in a humane manner.

Kannur district panchayat has earlier also mentioned the shocking incident of an 11-year-old autistic child namely Nihal was 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, also a part of his thigh was bitten off by the stray dogs. Last year a similar incident happened in the Kottayam District of Kerala where a 12-year-old died due to 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 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 by considering the emergent situation Applicant is praying for certain directions from the Court.

The application mentioned that 5794 stray dogs attacks were reported in 2019, 3951 cases in 2020, 7927 cases in 2021, 11776 cases were reported in 2022 and 6276 cases are reported

upto 19th June, 2023 in Kannur District itself.

It is further submitted that there are approximately 28000 stray dogs in the limits of the Applicant herein. That the Applicant panchayat is making every effort to control stray dogs menace within the local limits but the incidents of stray dog attacks, bites, and road accidents due to dog collision 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 / extremely dangerous dogs in a humane manner.

Earlier in 2022 Kerala Government has sought the 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 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 situation.

Kerala Government mentioned these facts in an affidavit filed in the matter pertaining to the menace of stray dogs in the state. 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, had submitted that there are approximately 28000 stray dogs in its jurisdiction and they are making every effort to control the stray dogs menace within the local limits but the incidents of stray dog attack, bites, and road accidents due to dog collision are increasing day by day within the District Panchayat area. The Kannur local body also mentioned that an estimated 30 stray dog bites are being 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 menace and balance the same with animal rights.

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

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

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