Allow Euthanasia Or Culling Of Violent And Rabid Stray Dogs : Kerala Govt Requests Supreme Court

The Kerala government has requested the Supreme Court to permit euthanasia or culling of violent and vicious stray dogs, particularly those dogs suspected of having contracted rabies.

The Court was told that the state Government had issued an order on September 15 in consonance with the high-level meeting chaired by the Minister for Local Self Government Department to deal with various aspects relating to the human-animal conflict in the backdrop of the increasing number of stray dog attack cases.

The meetings involved detailed discussions regarding the control of stray dog bites, prevention of bite victims getting infected by rabies and also evaluated the progress of previous ministerial level meetings, the plea said.

The following activities have been prioritised by the Kerala government in its September 15 order:

- IEC and awareness building on the issue of stray dogs and how best to tackle them.

- Identification of hotspots where there has been increased incidence of dog bites among animals and humans.

- Vaccination drive across all LSGS with saturation focus in the hotspots.

- Temporary shelters/cages to take ferocious dogs off the street (with arrangements for feeding and care).

- Cleanliness drive to tackle wet waste particularly meat waste in public places or wayside, which lead to congregation of dogs for food.

Further, alternate arrangements through community based committees at the LSG level to provide food for the dogs in to be made, taking the support of dog lovers, hoteliers, kennel owners etc, was discussed. This apart, the State had also instructed escalation of pet dog registration (and vaccination) and LSG level committees of all local stakeholders are constituted to ensure the same.

The plea also pointed out that rabid dogs will have to be isolated till they die.

"One issue is pertaining to the matter of rabid/feral dogs. While the State Act and Rules provide for 'destruction of dogs' that are violent or rabid, no culling is undertaken currently as it is regarded as contrary to the Central Rules. When there is a zoonotic disease outbreak, culling of animals or birds (for bird flue or swine flue) is undertaken to prevent the spread. However in the case of rabid dogs, they are only to be isolated till they die."

"It is therefore prayed that this Hon'ble Court may be pleased permit euthanasia or culling of violent and vicious stray dogs, in particular dogs suspected of having contracted rabies", stated the written submission filed through Advocate CK Sasi, the Standing Counsel of the Kerala Government.

The statement has filed pursuant to the direction given by the Supreme Court on September 2, while hearing a batch of appeals filed by the Animal Welfare Board of India and other parties against a 2015 judgment of the Kerala High Court which permitted capturing and destruction of stray dogs. The Court took up the appeals recently after an urgent mentioning was made in view of the recent spike in the cases of stray dog attacks in Kerala.

A bench comprising Justices Sanjiv Khanna and JK Maheshwari had also called for a report from the expert committee constituted by the Court in 2016, which is led by retired Kerala High Court judge Justice S Sirijagan, in relation to the stray dog issue in Kerala. The Siri Jagan committee recently filed its report stating that implementation of Animal Birth Control (ABC) program alone will not solve the stray dog issue in Kerala.

Allow Kudumbasree units to undertake ABC programmes

On the issue of withdrawal of Kudumbashree Units from the Animal Birth Control [ABC] programme, the Kerala Government told the Supreme Court that it has been brought to a complete halt in 8 districts. This is done in line with the Kerala High Court's interim order restraining the inclusion of Kudumbashree as an implementing agency for the Animal Birth Control Project which was being conducted to prevent the increase in the number of stray dogs, it said. The reason for stay was the lack of certification by the Animal Welfare Board of India (AWBI).

Further on, the plea says,"At present the permission to conduct the ABC program shall only be given to the agencies which have the certification of Animal Welfare Board of India (AWBI). Kudumbasree has taken necessary steps to obtain that certification from AWBI – there are some additional infrastructural requirements that are to be met to satisfy the conditions stipulated."

However, there are hardly any AWBI certified organizations to undertake the activities of the ABC programme in Kerala, the plea added.

The Supreme Court will consider the matter tomorrow for passing interim orders in relation to the stray dog issue in Kerala.

Case Title: Anupam Tripathi vs UOI | WP (C) 599 of 2015.