‘Can’t remain oblivious to harsh realities’
New Delhi: The Supreme Court On Tuesday, it dismissed the plea seeking revocation of its earlier order on transfer and sterilization of stray dogs.A bench of Justices Vikram Nath, Sandeep Mehta and NV Anjaria issued several directions to states, union territories and other statutory bodies to enhance infrastructure to deal with stray dogs.What SC said
- The apex court said that the harsh ground reality cannot be ignored where children, international travelers and the elderly are victims.
Dog bite incident . - The Supreme Court has for the first time allowed euthanasia of rabid, terminally ill or demonstrably dangerous stray dogs to prevent threats to human life.
- The bench asserted that prevention of euthanasia of stray dogs is the most important directive issued to authorities and officials of civic bodies.
- Strict action as well as other legal measures may be taken after evaluation by veterinary experts and as per provisions of Prevention of Cruelty to Animals Act 1960.
Animal birth control Rules 2023 and other applicable statutory protocols, the bench said. - The bench also heard petitions challenging the validity of SOPs for dealing with stray animals issued by the Animal Welfare Board of India.
- It observed that there is a “conspicuous absence” of sustained efforts by states and Union Territories to build infrastructure to deal with the growing population of stray dogs.
- It also dragged states and Union Territories, saying implementation of the Animal Birth Control (ABC) framework is largely scattered, underfunded and uneven across jurisdictions. The framework includes sterilization, vaccination, shelter, and overall scientific management of state weapons.
- The bench also held that states and union territories continue to be under constitutional obligation under Article 21a to ensure fundamental rights and protection of life to citizens.
- “This obligation is not passive in nature, but casts a positive duty on the States and Union Territories to take all necessary and effective measures to prevent situations which threaten the situation.
public safety health, and well-being,” the bench directed. - Prolonged inaction coupled with the absence of institutional commitment to effective implementation of the ABC framework has exacerbated the problem, which has now assumed dimensions “warranting urgent and systematic intervention,” the top court said.
- “The state cannot remain a passive spectator while preventable threats to human life continue to proliferate in the face of statutory measures specifically designed to address them,” it added.
- The bench also referred to media reports on dog bite incidents in Rajasthan and other places and said they highlighted deeply disturbing cases where minor children were previously mauled with facial and limb injuries by street dogs.
- “Such incidents not only endanger the safety and dignity of citizens and visitors, but also adversely affect public confidence in civic administration and city governance. The entire set of statistics reveals the staggering magnitude of the problem… The damage caused by such incidents is not primarily statistical but speaks volumes for the greater human society and public health…” said.
- In November last year, the court directed authorities to ensure removal of all cattle and other stray animals from state highways, national highways and expressways.
