Supreme Court Signals Liability For Civic Bodies And Dog Feeders Over Stray Dog Attacks

• The Supreme Court said it may impose accountability on both municipal authorities and dog feeders for injuries or deaths caused by stray dog attacks.

• Hearing a suo motu case on rising dog-bite incidents, the apex court directed relocation of stray dogs to shelters.

• It also barred their release at the same spots, and urged authorities to enforce existing statutory provisions.

The Supreme Court on Tuesday indicated that it may fix liability on both civic authorities and dog feeders for any injury or death caused by stray dog attacks.

A bench comprising Justices Vikram Nath, Sandeep Mehta and N V Anjaria resumed hearing the matter on Tuesday. Responding to arguments that the issue was highly emotional, Justice Mehta remarked, “Emotions so far seem to be only for dogs.” The court observed that those concerned about stray dogs should take them into their homes instead of allowing them to "loiter around, bite and scare" the public.

"For every dog bite, death or injury caused to children or elderly, we are likely going to fix heavy compensation by the state, for not doing anything. Also, liability and accountability on those who are saying we are feeding dogs. Do it, take them to your house. Why should dogs be loitering around, biting, scaring people?" Justice Vikram Nath said during the hearing.

"Who should be held accountable when dogs attack a 9-year-old? The organisation that is feeding them? You want us to shut our eyes to the problem," Justice Mehta observed.

The matter was heard over three consecutive days last week, with the court focusing on the presence of stray dogs in institutional spaces and the failure of municipal authorities to address the issue effectively.

According to a LiveLaw report, the bench had directed that stray dogs must be vaccinated and sterilised in accordance with the ABC Rules and should not be released at the same spot from where they were picked up.

The bench also referred to a January 6 incident in Gujarat in which a stray dog bit a lawyer inside the high court परिसर. The incident prompted the Gujarat High Court Advocates’ Association to demand the immediate removal of stray dogs from the court campus amid rising dog-bite cases.

The top court noted that the situation had worsened to the extent that municipal authorities attempting to capture stray dogs were allegedly attacked by lawyers. “Now we have cases even inside the court premises. The worst part is that when municipal authorities went to capture, they were attacked by lawyers! So-called dog lovers," the court said.

"Dogs carry a certain virus...tigers which attacked dogs in Ranthambore were infected with an incurable disease," it added.

The court also expressed concern that despite four days of hearings, it had been unable to proceed meaningfully due to objections from activists and NGOs, and had not been able to hear the views of the Centre and the states.

"Our request to all the lawyers is to allow us to take to task the union, the state authorities and other bodies… Allow us to pass an order. We need to spend half a day with the States and Union. To see whether they have a plan of action or not. The problem has multiplied a thousand times. We just want implementation of statutory provision. Allow us to do that. Allow us to work. Allow us to proceed further," the court observed.

On January 9, the apex court said it would not examine allegations of harassment of women dog feeders and caregivers by alleged anti-feeder vigilantes, noting that it was a law and order issue and aggrieved persons could lodge FIRs.

The court also declined to consider claims relating to derogatory remarks allegedly made about women in the context of the issue.

Taking note of the "alarming rise" in dog-bite incidents in institutional areas such as educational institutions, hospitals and railway stations, the Supreme Court on November 7 directed the immediate relocation of stray dogs to designated shelters after sterilisation and vaccination.

It further ordered that stray dogs once picked up should not be released back to the same location and directed authorities to remove all cattle and other stray animals from state highways, national highways and expressways.

The apex court is hearing a suo motu case initiated on July 28 last year following a media report on stray dog bites leading to rabies cases, particularly among children, in the national capital.

(with inputs from The Telegraph)