The Supreme Court on Wednesday scheduled the hearing of petitions concerning the stray dog issue in Kerala and other regions of the country for February.
A bench of justices JK Maheshwari and Sudhanshu Dhulia instructed the involved parties to provide relevant details, including pertinent issues, applicable laws, viewpoints expressed by different High Courts, and other related matters.
During the proceedings, Justice Dhulia, in a light-hearted remark, mentioned that disturbances caused by a barking dog at night would not fall within the purview of this case. The top court addressed the pending petition filed by the Animal Welfare Board of India, challenging a 2006 Kerala High Court judgment empowering local self-government bodies to euthanize stray dogs.
The petition stemmed from the Kerala government’s 2015 decision to eliminate stray dogs following a series of attacks on individuals. The Kerala State Commission for Protection of Child Rights sought to intervene in the case, highlighting numerous complaints about stray dog nuisances and fatal bites to children. The commission provided statistics, indicating a significant rise in reported dog bite incidents in Kannur District.
In an application, the commission disclosed that, following the tragic death of an autistic child named Nihal, numerous stray dog attacks were reported. The commission argued that stray dogs, lacking the loyalty of domesticated dogs, can become dangerous when in groups. It cited instances of fatal attacks, including the mauling of an 11-year-old autistic child in Kannur.
The court also considered an earlier incident in Kottayam District, where a 12-year-old succumbed to a stray dog attack. An application by Kannur district panchayat, against a 2015 High Court order, was discussed, highlighting the increasing menace of stray dogs and the need for court directions in the matter.
The panchayat asserted its efforts to control the stray dog issue within local limits but stated that incidents of attacks, bites, and accidents continued to rise. Given the circumstances, the panchayat expressed the need to euthanize suspected rabid or extremely dangerous dogs. In 2022, the Kerala government sought permission for Animal Birth Control programs and euthanasia of violent and rabies-suspected stray dogs.
The Supreme Court acknowledged the need to find a solution that addresses both the stray dog issue and animal rights, as previously emphasized to the Kerala government.
Earlier, Kannur District Panchayat, in its plea, submitted that there are approximately 28000 stray dogs in its jurisdiction and they are making every effort to control the menace of stray dogs within the local limits, but the incidents of stray dog attacks, bites, and road accidents due to dog collisions are increasing day by day within the District Panchayat area. The Kannur local body also mentioned that an estimated 30 stray dog bites have been 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 and balance the same with animal rights.
