A public interest litigation proceedings was initiated by the Kerala High Court in the matter of executive and legislative inaction of the State government regarding protection of animal rights. This ensued after widespread killing of community dogs was being carried out by the enraged public, over multiple human deaths due to dog bites and spread of rabies cases.
In an order they released on September 16th 2022, two judges of the Kerala High Court – Honourable Mr. Justice AK Jayasankaran Nambiar and Honourable Mr. Justice Gopinath P – stated that citizens will not continue taking the law into their hands over deaths caused by dog bites. A compassionate, humane, and systematic approach to minimise human-animal conflict has and will be implemented, they reassured.
Issue presented before the High Court
“We have been shown reports of attacks on members of our citizenry by communal dogs that roam our streets in search of food and water. While the circumstances under which the attacks took place are not entirely clear, the reality is that many persons have suffered fatalities and injuries and the time has now come to direct the State administration to take immediate measures to prevent such incidents in future.
This is all the more so because we have also been shown reports that reveal that, on account of delayed State action, people have begun taking law into their own hands and unleashing violence bordering on massacre, on community dogs that they perceive to be dangerous,” read the order.
Laws that protect the right of the animals
Given that people and community dogs suffered losses, the legal way to tackle the situation is by balancing the competing interests of humans and animals, it stated. Kerala is spread over 38,800 sq km and is home to 34 million people as well as many species of animals. Domestic and wildlife have always been an integral part of our existence, therefore it is every citizen’s duty to be compassionate to animals.
Sections 3 and 11 of the Prevention of Cruelty to Animals Act, 1960 (the PCA Act) recognised five freedoms as inherent in all animals:
- Freedom from hunger, thirst and malnutrition
- Freedom from fear and distress
- Freedom from physical and thermal discomfort
- Freedom from pain, injury and disease
- Freedom to express normal patterns of behaviour
It is believed that the above five freedoms – recognised as internationally accepted by the World Health Organization of Animal Health – are for animals similar to the rights guaranteed to the citizens of our country under Part III of our Constitution.
The Supreme Court further breathed life into this by recognising in a judgement that animal welfare and protection could be realised not merely through controlling human action, but by looking at the effect of human action on the interests of animals. If human action does not conform to the constitutional mandate, remedial action is to be taken to safeguard those interests of animals.
Article 51A of our Constitution uses the expression ‘compassion’ and ‘humanism’ while enumerating the duties expected of the citizenry towards the environment and living creatures! A duty-based legal regime which obliges human beings to invoke their feelings of sympathy, empathy and compassion while trying to understand those legitimate interests of animals that require safeguarding, also succeeds in enhancing the inherent spirit of humanism in the citizenry.
‘Animals are not inferior to humans’
That being said, there can also be instances where the actions of animals pose a threat to the rights, fundamental or otherwise, of our citizens. In such an event, it does not give citizens the right to take the law into their hands – instead, the State has to step in to protect the rights of the citizens on the premise that the rights/interests of the human outweigh those of the animal, but definitely not that animals are in any manner subordinate or inferior to the interests of humans.
Human-dog conflict rampantly rising in Kerala
The order issued on September 16th 2022 stated that in cases where citizens suffer because of community dogs on account of an inherent disease like rabies having afflicted the dogs, there are ample provisions under the law that enable the State and its authorities to seize the animals in question and remove them to a place of isolation or segregation. They mainly have a constitutional obligation to balance the competing interests of citizens and animals in every situation of human-dog conflict and take appropriate measures to safeguard those rights.
Systematic approach to resolve the human-dog conflict
Meetings were convened on 12th and 13th September 2022 in the backdrop of the increasing number of stray dog attack cases in Kerala. Detailed discussions regarding the control of stray dog bites and prevention of bite victims getting infected by rabies were conducted. The State government issued an order to resolve the issue by carrying out immediate action split into four stages:
A. Mass anti-rabies vaccination & sterilisation of stray dogs
This project can be implemented in association with local self-government institutions, animal welfare associations, and residents’ associations. The service of dog catchers can be availed. Hotspots shall be identified as per the data provided by the Health Department and Department of Animal Husbandry and vaccination drive shall be accelerated in said areas, with a focus on schools and places frequented by children. Animal lovers who bring stray dogs to the centres for vaccination and sterilisation will be given a consideration from ABC Centers.
B. Rehab centres for stray and abandoned dogs
Shelters have to be set up in all local self-government institutions which are currently hotspots for rabies or dog attacks. Aggressive dogs on streets in such locations shall be placed in shelters. The possibility of using existing private rehabilitation centres and kennels for this purpose shall be explored.
C. Cleaning up drive
Local self-governance institutions shall take measures to remove bio-hybrid waste from public roads and public places, and ensure proper waste disposal. Dumping of food and meat wastes in a manner easily accessible to stray dogs in public places should be prevented, especially from unauthorised slaughter houses and other meat shops. A fine must be levied on offenders of the same.
D. IEC campaign
Awareness and training regarding the activities that triggers aggressive behaviour of stray dogs, steps to be taken in the circumstances that create fear of dog attacks, importance of first aid and immediate steps to be taken in the event of sustaining dog bites shall be given to school students, parents and school authorities. In addition, pet dogs shall be vaccinated with the Department of Animal Husbandry providing registration and the local self-government bodies providing licenses to the said dogs. A toll free number at the district level will be set up to provide services regarding stray dog problems and to coordinate such immediate services.
Further, a report submitted by the Director of Animal Husbandry, State Animal Welfare Board, Government of Kerala indicated that the following measures are in various stages of implementation across the State:
- A mass anti rabies vaccination program has been launched in relation to owned dogs has been started in all local bodies of the State
- A similar anti rabies vaccination program is also proposed to be initiated from 20.9.2022 in relation to community dogs.
- 37 Animal Birth Control centres have been identified across the State for the purposes of the Animal Birth Control and anti-rabies programs
- Veterinary hospitals with emergency night services and 24-hour facilities have to be listed, to help farmers and pet owners
- The local self-government department will be constructing animal shelters/pounds for dogs adhering to guidelines prescribed by the AWBI. Dogs suspected to have rabies will be isolated with necessary precaution, away from residential areas
- Awareness programs to be conducted on responsible dog ownership, compulsory vaccination and licensing, post-bite management and treatment, adoption etc.
In addition, the HC order stated that if some community dogs may be afflicted with rabies, it directs the State to take steps to identify, seize, and remove them to a place of isolation. Also, to avoid situations of human-animal conflict, on every such occasion where a citizen suffers injury the State shall provide immediate, effective, and free medical treatment at the Government hospitals.
With a view to safeguard the interest of community dogs in Kerala, State Police Chief Anil Kanth IPS issued a circular on September 15th 2022. It mentioned that in the wake of attacks by ferocious dogs on human beings and instances of death by rabies, reports of dogs being killed by brutally beating, mutilating or poisoning them have surfaced. Public instructions have been issued by 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 stray dogs.
“Killing of animals including the stray dogs by wilfully and unreasonably administering any injurious drugs or injurious substances to them is punishable under Section 11 of the Prevention of Cruelty to Animals Act, 1960, which has been in force since 1960. Apart from this it is also punishable under the law, to abandon any animal without reasonable cause,” stressed the State Police Chief in the circular.
As a follow up to the circular, the HC order insisted that the State administration through its police force shall ensure that incidents of human violence against dogs or against persons feeding community dogs should be promptly investigated into. Immediate and appropriate action must be initiated against the perpetrators.
To oversee the implementation of the various measures suggested by the State administration on a weekly basis the Kerala HC stated this matter will be posted to September 29th 2022 at 3pm.
