HUMANS Vs DOGS | Kerala HC: Priority Should Be Given To Human Lives Over Stray Dogs

The Kerala High Court opined that human lives should be given preference over the lives of stray dogs. The Court additionally called upon the State and Central governments to establish guidelines or legislation for issuing licenses to individuals who wish to safeguard stray dogs.

Thank you for reading this post, don't forget to subscribe!

HUMANS vs DOGS | Kerala HC: Priority Should Be Given to Human Lives Over Stray Dogs

Kochi: The Kerala High Court expressed the view that priority should be given to human lives over the lives of stray dogs. Justice PV Kunhikrishnan emphasized that the menace of stray dogs significantly disrupts the daily lives of citizens, particularly impacting children and the elderly.

Justice Kunhikrishnan illustrated the challenges faced by school children who fear being attacked by stray dogs while walking to school alone. He also highlighted the hindrance to morning walks in certain areas due to the fear of dog attacks. The Court acknowledged the potential opposition from dog lovers against any action taken against stray dogs but emphasized the importance of prioritizing human safety.

“School children are afraid to go alone to their school because of the apprehension that they will be attacked by stray dogs. It is a habit for several citizens to go for a morning walk. Morning walk is also not possible today in certain areas because of the apprehension of attacks from stray dogs. If any action is taken against the stray dogs, the dog lovers will come and fight for them. But I am of the considered opinion that human beings should be given more preference than stray dogs,”
-Justice Kunhikrishnan.

Furthermore, the Court observed the escalating instances of conflicts between humans and dogs in the State, leading to law and order issues. Despite the pressing need to address these conflicts, the Court noted the societal tendency to view such actions as inhumane.

““Barking dogs seldom bite” is an English proverb. But in reality, it may not be correct in our state at least…If we read the newspapers, we can see regular news in which there is an attack from stray dogs towards small children, youngsters and even old people,”
-the Court added.

However, the Court emphasized the importance of preventing attacks on stray dogs and suggested that local self-government authorities grant licenses to animal lovers in accordance with the Animal Birth Control Rules, 2023 (ABC Rules) to facilitate their efforts in saving the dogs.

In its judgment, the Court stated,

“While giving license, the local authorities can impose conditions in tune with the provisions in ABC Rules 2023. This should be in addition to the duties of Local Self Government Institutions to protect the stray dogs as per ABC Rules. I am of the considered opinion that the dog lovers need not write and speak for the dogs in print and visual media, but they should come forward to protect these dogs if there is bonafides in their words along with the Local Self Government Institutions.”

Additionally, the Court urged both the State and Central governments to establish guidelines or enact laws for issuing licenses to individuals interested in safeguarding stray dogs.

The judgment was delivered in response to two petitions filed by residents of Muzhthadam ward in Kannur. They complained of severe inconvenience caused by another resident, Rajeev Krishnan, who cared for injured stray dogs in his house. Allegedly, the number of strays increased over time, leading to unhygienic and unsafe conditions in Krishnan’s house and the surrounding areas.

The residents claimed that despite discussions held at the district collectorate to address the issue, Krishnan refused to implement the suggestions. Consequently, they approached the High Court seeking orders to ensure the implementation of the plan and address the problems caused by the dogs.

In response, Krishnan argued that he maintained the dogs within his property, emphasizing that they were all vaccinated and sterilized, posing no threat to humans. He assured the Court that none of the dogs he cared for had ever bitten anyone. Krishnan pledged to ensure that his neighbors faced no inconvenience from the nine dogs currently residing on his property.

The Court directed Krishnan to apply for a license from the Corporation of Kannur to maintain the dogs, instructing the Corporation to evaluate his application and issue a license, subject to strict conditions in accordance with the Prevention of Cruelty to Animals Act, 1960, and the ABC Rules, 2023.