State Obliged To Protect Citizens From Ferocious Dogs, But People Can't Take Law Into Hands To Harm Dogs : Kerala High Court

The Kerala High Court on Wednesday observed that the State Administration is obligated to protect the citizens from the attacks of ferocious dogs by identifying and containing such dogs and removing them from public places. 

A bench of Justice A. K. Jayashankaran Nambiar and Justice Gopinath P. J., in the special sitting convened after noting the increasing instances of dog bites reported across the State, observed that it is the obligation of the State to protect the citizens from the attacks of ferocious dogs by identifying and containing such dogs and removing them from public places.

The State Administration must remind itself of the fact that in its role as a welfare state and as a parens patriae of the citizenry, it is obligated to protect the citizens from the attracks of ferocious dogs by identifying and containing such dogs and removing them from public places.

On the enquiry of the Court regarding the steps taken by the State to tackle the issue, Additional Advocate General Asok M Cherian submitted that State Administration has already taken certain decisions, and a detailed report of the steps taken shall be furnished before the Court before 16th September.

The Court had previously, in a similar matter, issued directions on the rehabilitation and sheltering of community dogs and implementation of the Animal Birth Control Procedure to check the proliferation of community dogs. The Court has directed the State Government to include steps taken by it pursuant to the Court's earlier order in the report while narrating the steps currently proposed. 

When the matter was taken up today, Amicus Curiae brought to the notice of the Court various instances of unauthorised killing of community dogs. Thereby, the Court has directed the State Government to issue public instructions through State Police Chief, clarifying that the citizenry should refrain from taking law into their own hands by inflicting unnecessary harm on community dogs as the State Administration is taking necessary steps to contain the situation. 

The matter has been posted for 16th September for further consideration. 

Case Title: In Re: Bruno v. Union Of India & Ors. 

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