At times, a large number of canines could be seen roaming around in my courtyard and adjacent compound, and other open spaces as well. They ate carcasses, human excreta and other wastes that were cast ashore on the banks of the Vembanad Backwaters. These dogs would disappear on a fine morning or they would die after eating poisoned wastes. Yet another pack of dogs would promptly become visible in the next day or two. Did someone picked some 6-10 stray canines from the garbage dumb and open spaces in the crowded Kochi Corporation limits and were being released in rural areas?Every night they huddled together and started howling and fighting each other for food or sex, which created a frustrating din among the people in the area, who find it unbearable. These dogs would become aggressive especially during mating season, monsoon, whereas bitches would become aggressive while trying to protect their younger ones. Large numbers of puppies were delivered at a time. They attained puberty between 5 to 12 months; and multiplied faster.One day, while I was scurrying in my orchard I was surrounded by a pack of dogs. The sturdy cane deterred them from an attack. On another day my sister, Aleyamma and Augustine Mampilly, and their children Paul, Jose and Thomman came for a visit. Strangely, while they were leaving, Thomman found that one each of their shoes / chappals were missing. I thought somebody was playing a prank on them. Then I remembered the stray puppies. We searched the courtyard and the adjacent compound. They got their shoes / slipper back but a few of them were in a dismal condition.These stray dogs chased fowls and ducks and devoured them. At times I have noted pack of dogs chasing away two and three wheelers on the main road and this contributed to traffic accidents as well. They bit people especially young school children, who got scary and run on seeing the dogs. It is difficult to discern whether a dog was rabies-infected or not. Some of these dogs might be carriers of rabies showing no symptoms, but a few manifested symptoms like madness - sticking out their tongue oozing saliva and barked unnecessarily. To avoid risk of life, the victims of dog bites were usually taken to the General Hospital at Ernakulam to arrange for anti-rabies vaccines. The villagers said that often vaccines might not be available and therefore the bit victims were taken to Co-operative Medical College at Kalamassery, on the other end of the city for 15 days consecutively to administer the painful anti-rabies injection around the naval region. In the wake of frequent incidents of dog bites on children taking place in our village, the villagers were agitated against the local authority, Kumbalam Panchayath, for their inaction to ward off the menace of street dogs.Eradicating stray dogs appeared to be a vexing problem for the local authorities and governments. It had become a hot topic of discussion in Kerala after animal rights activist and union minister Smt. Maneka Gandhi sought an explanation from the Muvattupuzha Municipality for killing a stray dog.The stray dog menace persisted in every city, town and village in India. There were news reports of children getting brutally injured with dog bites on their shoulder, scalp, leg, hand and face. The situation is alarming. The animal lovers shall not be mute witnesses to these distressing episodes. The silence of the protectors of dogs and other animals is disgusting. The golden rule is that there is no golden rule. The executive and the parliament should not hesitate to withdraw or annul or reverse or even amend the law, if the change of circumstances warrants it.In a writ petition filed before the High Court of Kerala, the petitioner therein pointed out that the local authorities are bound to take action in accordance with the Kerala Municipalities Act or Panchayath Act to abate the menace of dogs. Section 438 of the Act empowered the Corporation to seize stray dogs in the area. The provision of the Prevention of Cruelty to Animals Act 1960 has also provided for tackling the menace. Section 11(3) (b) of the Act enabled the civic body to take steps for killing of stray dogs. The petitioner also pointed out that “the right to life under Article 21 of the Constitution contemplated living a dignified life without the fear of stray dog biting.” When placed against the animal rights, “the human’s right will prevail over animal rights,” the petitioner said. It was also pointed out that a Division Bench had ruled in 2006 that “the right to live was fundamental right and it shall take precedence over dog rules.” However, SPCA (Society for Prevention of Cruelty to Animals) points out the dogs are an important part of the ecosystem and they control the pest and rodent population.It is pertinent to note that while passing the impugned provisions of the PCA Act, the parliament and the executive did not consider the Rule of Mother Nature, “the survival of the fittest.”The High Court held in 2006 that for the sake of human safety, dangerous stray dogs could be killed. However, the Supreme Court of India had on January 23, 2009 stayed Bombay High Court judgement which had allowed municipal authorities in Maharashtra to kill stray dogs causing “nuisance.”SOLUTION: Those who rear pet dogs should be directed to take a licence from the local authority and to insist that their dogs be vaccinated against rabies and be provided with a tag and should not be allowed to stray on the street.Animal Welfare Board of India (AWBI) - Jaipur model sterilization and vaccination of stray dogs, both males and females, make them less aggressive and, therefore, the number of dog-bite incidents comes down. To deal with the increasing incidents of dog bites, skilled dog-catchers be engaged for culling, and increase stray dog sterilization capacity. Therefore, the government has to provide additional infrastructural development and appoint more veterinary doctors. Each vaccinated dog should be given an identification mark and proper statistics should be maintained.The general hospitals should be provided with sufficient quantities of anti-rabies vaccines for treatment of dog-bite cases free of cost. I understand that every day around 50 dog bite victims approach the General Hospital at Ernakulam.Maintaining clean surroundings in all the commercial as well as residential areas is significant and proper arrangement is needed for garbage disposal. The municipal corporations and other local bodies should be directed to give strict instructions to officials of private hospitals, and owners of hotels, restaurants, poultry farms, and butcher shops to stop dumping waste material and garbage in public places especially roadsides, to avoid gathering of stray dogs.The public should encourage dog lovers like Smt. Prasanna, a senior sales manager in P&B MetLife Insurance India Limited at Palarivattom, a colleague of Sally, my wife. She used to cull out aged, sick, maimed and abandoned stray dogs, and rehabilitated and neatly maintained them in two special houses one at Panampilly Nagar and the other at Kaloor in Kochi City; a highly appreciable humanitarian service and a sacrifice indeed.The central government should not hesitate to withdraw or annul or reverse or even amend the law protecting the life of dogs, since the change of circumstances warrants it.UPDATE 5/11/2015: The High Court of Kerala, while disposing a number of writ petitions by a judgment on November 4, 2015, stressed the need to control the stray dog menace in the state and permitted the local authorities to silence the critically ill, fatally injured and rabid dogs as per the Animal Birth Control (Dogs) Rules 2001. The court observed that the dogs roaming in public have to be captured for vaccination and sterilization which is the obligation of the local bodies with the aid of the Animal Welfare Board. The court made it clear that all stray dogs are not required to be killed and that killing has to be undertaken by the local authorities only in accordance with the Prevention of Cruelty to Animals Act, 1960 and the provisions of the Rules 2001.
Excerpts from
NEED OF THE HOUR
by
Joseph J. Thayamkeril
Lawyer, Kochi, Kerala, India.
josephjthayamkeril.blogspot.com
josephjthayamkeril@gmail.com
