'Dogs Won't Wait For Your Deliberations To Bite' : Supreme Court Raps Union & Kerala For Not Responding To Plea On Anti-Rabies Vaccines

The Supreme Court today directed the Secretary, Union Ministry of Health and Family Welfare, and Chief Secretary for the State of Kerala to file counter affidavits in a petition seeking to constitute an independent expert committee to study the efficacy of the Intra Dermal Rabies Vaccines (IDRV) currently being administered to Humans and Rabies Veterinary Vaccine, administered to dogs in India.

On October 31, 2022, a bench of Justices Ajay Rastogi and CT Ravikumar issued notice on the petition. Subsequently, the State of Kerala was added as a respondent party on July 6, 2023. They were asked to file counter-affidavits. The bench comprising Justices Ravikumar and Rajesh Bindal ordered the Additional Solicitor General and Standing Counsel of Kerala to "get instructions and file a response expeditiously, at any rate, within a period of four weeks from today."

A bench of Justices Ravikumar and Sanjay Karol is hearing the matter. 

Today, Advocate Kuriakose Varghese informed the Court that the State of Kerala is yet to enter its appearance. Whereas, the Union of India is yet to file a counter-affidavit. The Court was informed that the Union of India is pursuing some deliberations on this issue.

On this, Justice Ravikumar remarked: "Rabbies is a very serious issue. Why is it taken so lightly? Understand one thing, you can engage in deliberations, but the dogs will not wait for that. From the past two years, you can deliberating on this. How many persons have suffered this [rabbies]."

The Court acknowledged that rabies incidents are increasing and it has affected school-going children as well. 

Varghese informed that 140 people have died from rabies since the notices were issued in this petition. 

Justice Ravikumar said: "We will grant 4 weeks time and we will only say in case of default, let the Secretaries be here to assist the Court...Despite these, what purpose are these authorities there?...It being two years."

Reiterating the matter as "very serious", the Court stated: "We make it clear that in case of failure to file affidavits, let the Secretaries be present before the Court...We will take it very seriously because the lives of persons are at stake."

The Court eventually granted 6 weeks to file counter affidavits. 

The petition filed by the Kerala Pravasi Association also seeks the constitution of an independent expert committee to study the effectiveness of the Rabies Veterinary Vaccine administered to dogs in India, given the rise in rabies cases.

The plea has been filed in the backdrop of several persons who were bitten by dogs, succumbing to rabies, despite post-exposure prophylaxis. Petitioner, in its plea, has averred that these deaths have posed several questions regarding the treatment protocol and, more importantly, the efficacy of the vaccines.

“As per the guidance note issued by the National Centre for Disease Control, manufacturing of Rabies vaccine for humans, being a complex process, needs a minimum of three to four months for manufacturing and testing.”

However, it reveals that there have been instances where the vaccine has reached the State within 14 days of manufacture.

“Non-adherence to the requisite quality checks would be a direct violation of Articles 14, 19, and 21 of the Constitution of India, apart from violations of provisions under the Drugs and Cosmetics Act, 1940 and Rules thereunder,” the plea elaborates.

However, the plea reveals that there have been instances where the vaccine has reached the State within 14 days of manufacture.

It has also been submitted that the rise in the number of rabies-infected dogs is also a matter of concern. Thus, this calls for an enquiry into the quality of anti-rabies vaccines administered to dogs. It is the petitioner's case that eliminating the risk of rabies at its source, i.e., dogs is the most effective measure to curtail the spread of rabies.

Apart from setting up an expert committee, the petitioners also prayed for wide publicity and to ensure proper and uniform implementation of the National Guidelines for Rabies Prophylaxis, 2019, with appropriate revisions from time to time per the latest developments endorsed by WHO.

Case Title: Kerala Pravasi Association through its President Versus Union of India and Anr., W.P.(C) No. 882/2022., Diary No.- 31222 - 2022

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