The Supreme Court will continue hearing today at 2 PM the #StrayDogs case
Bench: Justices Vikram Nath, Sandeep Mehta and NV Anjaria
The matter was extensively heard earlier this month, with the Bench primarily examining the issue of stray dogs in institutional premises and noting the failure of municipal authorities
Intervenors (dog lovers and NGOs) pray for modification of the Court's earlier directions, so that stray dogs are released in the same area from where they are picked up
They have suggested some scientific models, adoption of which can tackle dog population and eliminate dog bite incidents in a few years
Victims' side has argued inter-alia for removal of stray dogs from residential complexes/housing societies
J Nath to Amicus: Your note has been compiled?
Amicus (Sr Adv Gaurav Aggarwal): 7 states are left
Order: Submissions of individuals, NGOs have concluded. List on 28 January at 2 PM. Court will hear ld. Amicus, ld. counsel for NHRC and all states/UTs on said date.
Sr Adv Siddharth Dave: Constitution mandates us to be compassionate towards all beings...this court has in man v. animal conflicts largely protected wildlife...on a personal basis, I want to say, us on this side are not in any way casting any aspersions. There's a lot of bad publicity, I apologize. It's not proper. Your lordships are to decide. Coming out with videos ought not to be done
Local municipal corporations should employ more people who are better equipped to deal with stray dogs. Please be compassionate towards life of those who cannot speak. To accommodate them in a world given to us by a higher power. Balance should be there. Peaceful co-existence.
Adv Charu Mathur: My client is a child rights activist. She is also a lawyer. For every dog bite against a child, there has been abdication of state duty
Adv K Mohd. Asad: My submission is prevention is better than cure. We can educate humans, not animals. Since childhood, we can teach humans how to tackle.
Adv Kirti Ajuha: Aggressiveness should be defined. Feeding should be allowed till municipal authorities do not set up feeding areas. There should be data recorded on cattle picked up
Adv Manoj Shirsat: J Oka (when he was a judge at Bombay HC) authored a judgment that failure to control stray dogs problem is a failure to observe mandate of Art 21. It said that it is for corporation and state govts to ensure that stray dogs in an area are controlled. If there's a death, there's violation of Art 21. State is liable to pay compensation.
Adv Aishwarya Singh: Rabies is 100% curable. India relies on post exposure treatment. That treatment, wound washing facility not adequately available...India lacks a preventive policy. Clinical studies show vaccine is safe and can be delivered at low cost. The death of the child that triggered this case was heartbreaking...but provisional death certificate stated...it's different from rabies
J Mehta: We are not allowing you to comment on that death. We prohibit you. Not a word on that.
Counsel: Dog feeders understand dog behavior. Can identify sick dogs. Feeding eliminates scavenging, fights...no disease spread happens. Rs.18250 per dog per year is cost of feeding. Why are we trying to remove dogs? This money can be used to remove people (like orphans) from pavements. Feeders are doing public function. Rule 20 of ABC rule...there's legislative intent...constitutional right also. I am falling under all of that as a feeder. Even Tanzania reduced dog population and bites. Empathy can't be punished.
Adv Kishore Shinde (for Mumbai animal lovers): Delhi has carried out rabies free city initiative. There should be tortious liability. Medical negligence should be addressed. In Times of India article based on which this case was taken up, medical negligence can be seen. If rabies was rightly tackled, it could have been cured. Entire petition taken up on media article, Times of India necessary party, if enquiry to be undertaken.
Another counsel interferes: Death certificate was not conclusive, she ate and drank till last day, can't happen in rabies
J Mehta: Your argument is she died of natural causes?
Bench refuses to allow the counsel to interfere
Another counsel: Much has been said about feeders. I am on dog feeding. But let me just also add brain tissue analysis has been done to confirm rabies
J Mehta: No comments on that case. You argue your case.
An Adv: Municipal authorities don't pick up garbage on time therefore dogs gather. Urbanization has led to more garbage...I have produced numerous FIRs, where dogs were beaten and killed by humans. All dogs can't be penalized due to one rabid dog.
Another Siddharth: I have a statement by student-run animal welfare society...due to CSVR principle, population of stray dogs has come down. No dog bite since past 5 years. Population down. ABC centres take out ovaries, count, send to another shelter...billing keeps on happening. Certain people make money, but solution is not achieved. Ovaries must be destroyed right after counting. Data should be put up online, so there can be oversight
Adv Shubham Gupta (for SCBA member, dog bite victim): There's no person taking responsibility of stray dog that is biting again and again. Buffaloes, etc. are also used for human consumption. If dogs are aggressive and violent, there's liability to kill.
Adv Ajit Sharma: Responsibility to sterilize, etc. rests on authorities. It can be shared by other institutions in view of Environment Protection Act. Environment includes other living beings and their relationship with others...Act looks holistically. SEIA issues new ECs every day...in these environmental clearances, many conditions are imposed. In those, a condition can be added for resourceful organizations to infuse resources into sterilization, etc.
Adv Rahul Kaushik gives some solutions: We had MoU with Bangalore Municipal Corporation. RWA can have sufficient space with respect to feeding. It can have sub-committee for vaccination. Reasons for dog bites are cruelty, relocation, no food and no treatment. Dog lovers can have proper space. In Telangana, 500 dogs were killed last week. There can be advisory boards. Dog pound also leading to dog meat.
J Mehta: Since your client has been a Minister and is an animal rights activist...tell us [why] your application is silent on the budgetary allocation...what has been the contribution of your client to these...
Ramachandran: I can't answer that orally
Another counsel: There should be a helpline in every city. Killing of dogs should not be there. Let High Courts deal after this court passes a decision.
Ramachandran gives suggestions to address the problem
Ramachandran: Implementation of ABC rules is integral to overall strategy. NAPRE policy identified 9 hurdles to rabies eradication...it delineates roles of all stakeholders and mandates states to develop their own action plans. Over 30 states have not done this. Solution lies in timebound execution of existing framework, not creating permanent shelters.