Compassion, Control, and Challenges: Unravelling the Stray Dog Dilemma in India

Introduction.

“Every species has a right to life and security, subject to the law of the land, which includes depriving its life out of human necessity” Justice Aniruddha Bose

India is a country shadowed by a glistening culture and copious amounts of individuals. In the bustling streets of India, where the cacophony of daily life intertwines with the diverse tapestry of culture, one issue remains persistent and often overlooked – the menace of stray dogs. India now holds the highest number of stray dog attacks in the world. These free-roaming canines pose a multifaceted challenge, ranging from public safety concerns to animal welfare issues.

While the population of pet dogs in the country is going from 10 million to 30 million, the population of stray dogs already constitute a staggering 35 million on the streets of India. Due to a lack of animal control measures these strays often lay unchecked resulting in massive explosions of population.

India, a nation with a deep-rooted history of compassion towards animals, has historically recognised the importance of humane treatment. The Prevention of Cruelty to Animals Act of 1960 was a pivotal moment in this regard, providing a legal foundation for safeguarding the rights and welfare of animals. However, with cases of stray dogs hurting individuals on the rise, the time has come for India to rethink its policy on tackling this menace.

The growing trend of Stray dog attacks

According to Indian government data, between 2019 and 2022, India reported over 1.5 crore cases of dog bite incidents. Between January and December 2023, 13 medical institutions reported more than 10,283 cases of dog bites, averaging approximately 28 individuals seeking treatment daily. This notable surge in reported incidents compared to previous years has sparked apprehensions regarding the safety of residents, particularly among children and the elderly.

In a recent report released by the Union Ministry of Health and Family Welfare, Maharashtra has emerged as the state with the highest number of dog bite cases reported in the year 2023 for India. The data indicates a concerning trend, with over 4.35 lakh cases documented, averaging to 1,192 incidents per day. Tamil Nadu closely followed with 4,04,488 reported cases, securing the second spot, while Uttar Pradesh, Gujarat, Bihar, and Karnataka also featured prominently in the list. The overall increase in cases from 2022 to 2023 is alarming, marking an 11.32% rise.

The increase in the incidents of dog bites in Maharashtra is being attributed to improper sterilization practices, particularly in urban areas like Mumbai, Thane and Pune. The uncheck growth in the stray dog population can be linked to inadequate care, food, and medical attention, turning some of these animals aggressive.

The judicial approach

In July 2023, the High Court of Kerala directed its local governments to ensure that its municipalities were conducting mass vaccination drives and providing shelters after multiple children were killed by a series of attacks by stray dogs in the vicinity. The Kannur district panchayat of the state of Kerala recently submitted an affidavit to the Supreme Court in September 2023 on the rising incidences of stray dog attacks in its locality and provided mass euthanasia of these dogs as the only solution to prevent further attacks. The petition filed by the Kerala State Commission for Protection of Child Rights is listed in the Supreme Court on 11.01.2023 for the final hearing.

[Image Sources: Shutterstock]

The Bombay High Court on Oct 20^th2022 held that no individual, whether a resident or visitor of Nagpur and its neighbouring areas, is not permitted to provide food to stray dogs in public places. The court further ruled that individuals desiring to feed stray dogs must first adopt the dog, register it with municipal authorities, or place them in dog shelter homes. This imposes a significant burden on regular feeders who wish to provide sustenance to stray dogs. Failure to comply with the directives of the high court will result in a penalty of Rs. 200 for each violation. However, the court seems to have deviated from this view in 2023 to take a more compassionate approach. In a petition filed by activist Sharmila Shankar heard, the Bombay High Court emphasised treating animals without cruelty, and the Bench reiterated quite firmly its view that compassion for all living creatures is a fundamental duty of citizens, enshrined in Article 51A(g) of the Constitution.

In a landmark judgement, the High Court of Punjab and Haryana held that state governments would be liable to pay monetary damages to victims of stray dog attacks. The judgement laid down guidelines in the form of different amounts to be paid for different types of injuries. The court held that the state would owe the victim Rs 10,000 for a bite wound and at least Rs 20,000 if the flesh had been pulled off the skin, depending on how much flesh had been torn off. Additionally, the court also instructed state governments to form a committee to inspect wounds and decide the payment.

This judicial precedent serves not only to address the immediate issue of compensating victims but also underscores the broader responsibility of the state in ensuring public safety and accountability in dealing with stray dog-related incidents. The implications of this judgment extend beyond individual cases, signalling a shift toward a more comprehensive and proactive stance by the state in addressing the challenges posed by stray dog populations.

Animal Birth Control Rules of 2023

The 2023 Animal Birth Control Rules, enacted under the Prevention of Cruelty to Animals Act of 1960, unequivocally recognise 'street dogs' as 'community dogs,' affording them inherent rights to receive food in both private and public spaces. These rules, officially declared under Section 38 of the Prevention of Cruelty to Animals Act on March 10, have attained the status of law.

Alongside the comprehensive guidelines for sterilising these community dogs outlined in these rules, there is an expectation that both the Union and state governments will allocate sufficient resources to ensure the effectiveness of the animal birth control program. The responsibility for the success of sterilisation and anti-rabies initiatives is now firmly placed on the local self-governing bodies of the country, namely the municipalities and village panchayats.

The 2023 rules attempt to draw a balance between regulating the number of stray dogs out on the street and animal cruelty. The legal protection given to these strays helps in changing their societal perception and could help reduce animosity between humans and dogs, thus further preventing stray dog attacks.

What is the solution?

The government's present approach aligns with the 2001 Animal Birth Control rule, recently revised this year, which instructs municipal bodies to sterilise and vaccinate dogs as a means of managing their populations. Despite the success of sterilisation in reducing stray dog populations in countries such as Singapore and Japan, it is a costly procedure, and many Indian administrative bodies lack the necessary resources to implement these measures effectively.

Despite legal constraints, Indian authorities have previously opted for the short-term solution of relocating stray dogs. A notable instance occurred in October when the High Court of Punjab and Haryana mandated the removal of strays from a district in Chandigarh, serving as the shared capital of these states. Moreover, New Delhi's municipal authorities took measures to clear the streets of all dogs earlier this year during the Group of 20 Nations summit. In various instances, resident welfare groups and urban slums frequently advocate for the removal of strays from their housing complexes, reflecting the ongoing challenges and varied approaches to addressing the issue of stray dogs in India.

In addition to the legal constraints, the practice of relocating stray dogs, as witnessed in various instances, serves as a temporary and often controversial solution. A more sustainable path forward involves investing in public awareness campaigns and educational programs that promote responsible pet ownership. This could include initiatives such as incentivizing sterilization for pet owners, promoting the adoption of strays, and fostering a culture of compassion and understanding towards stray animals.

To forge a comprehensive path forward, it is imperative to explore viable and sustainable solutions that balance public safety, animal welfare, and fiscal realities. While sterilization remains an effective method, the government should consider innovative funding mechanisms, public-private partnerships, or international collaborations to overcome resource limitations. By doing so, the financial burden on Indian administrative bodies can be alleviated, promoting the successful implementation of sterilization programs. By adopting a holistic approach, India can navigate the challenges posed by stray dog populations with sensitivity, effectiveness, and a long-term perspective.

Author: Abhishek Sanjay, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.