SC: Animal lovers can protect strays if they take responsibility for bites | India News
New Delhi: Hearing a chorus of pleas from several animal rights activists and groups to allow stray dogs to be protected or maintained in public spaces, the Supreme Court on Wednesday said they can feed and care for the dogs, but face strict liability for any injury to the public caused by the animals. A bench of Justices Vikram Nath, Sandeep Mehta and NV Anjaria held that the right to protect stray dogs in public spaces cannot be divorced from the obligation to ensure that such actions do not cause harm to others and made it clear that right and duty go hand in hand. It said, “While considerable emphasis has been placed on the protection, feeding and continued presence of community dogs in public and institutional spaces, a pertinent question arises as to whether such individuals, organizations and associations would be willing to accept the associated legal liability for the consequences arising from this.”
Animal rights cannot work in isolation: SC In particular, such animal welfare organizations, societies or individuals, who claim to take care or control stray dogs in the given area, are willing to accept strict liability in case of any injury, harm or damage caused by such dogs to members of the public,” the bench said. It was contended before the bench that the National Academy of Legal Studies and Research, University of Law (Nalsar), Hyderabad, had institutionalized the humane treatment of stray dogs on its campus by setting up an Animal Law Centre. It was also submitted that a similar social experiment could be conducted in other educational institutions, which would work to advance the Animal Birth Control (ABC) rules. The center said such exercises would instill empathy in students and motivate them to be kind to animals. Allowing the Centre’s plea to proceed with its work on a trial basis, the Bench directed that the Animal Law Center give an undertaking to the Vice-Chancellor of Nalsa that, in case of any stray dog bite within the campus, the Center shall face tortious liability (due to personal concern) for the injury. “It is the considered opinion of this Court that any framework relating to the management and protection of stray dogs must be accompanied by clearly defined principles of accountability. Claims of rights or interests on behalf of such animals cannot operate in isolation, detached from the corresponding responsibility to protect human life and safety,” the bench said. “While animal welfare groups or student-led organizations in educational institutions are concerned, it will be mandatory for any such group or organization operating within such campuses to operate within such campuses. Head of the Institution concerned, failing which any activity like maintenance or feeding of stray dogs shall not be allowed in the Institutional premises. Failure to comply will result in appropriate action being taken against the head of the institution concerned,” it said.
