New Delhi, September 18: The SC on Friday, sought the Kerala government’s response to a petition seeking to stop “unbridled” killing of stray dogs in the state.
Kerala authorities had directed civic bodies on July 9 to eliminate “ferocious” and “dangerous” dogs following reports of an increase in dog bites in the state.
However, the Animal Welfare Board of India, a statutory authority, filed a petition to the Apex Court stating that the order violated the Prevention of Cruelty to Animals Act, 1960, and that sterilization of street dogs was a better option.
“The terms ‘ferocious’ and ‘dangerous’ are not defined in law, and vesting every municipal employee with the discretion to choose ‘ferocious’ or ‘dangerous’ dogs at will, will necessarily result in intemperate, unbridled killing,” the Board’s petition says.
The Board has challenged a Kerala High Court judgment, dated March 3, 2006, which held that the Prevention of Cruelty to Animals Act gave local authorities the discretion to seize and destroy any and all street dogs.
It was this judgment that the Kerala government had cited while issuing its July directive to civic authorities after chief minister Oommen Chandy had hosted an all-party meeting on the issue.
The Board’s petition says that following the Animal Birth Control (Dogs) Rules 2001, can “not only curb street dog population if implemented in the manner prescribed, they can also effectively control the nuisance perceived as caused by dogs, and reduce incidences of dog bites and human rabies, while also ensuring that street dogs are treated in a humane manner.”
It cites Articles 51A(g) of the Constitution, which advocates “compassion for living creatures”.
The Division Bench of Justices Dipak Misra and P.C. Pant has granted the Kerala government four weeks to file a response.
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