The Supreme Court on Tuesday indicated that it may impose liability on both civic authorities and dog feeders for any injury or death caused by stray dog attacks.
The 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 said, “Emotions so far seem to be only for dogs.”
The court remarked that persons who are concerned about stray dogs must take them to their homes instead of letting them "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 observed 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," said Justice Mehta.
"Who should be held accountable when dogs attack a 9-year-old? The organization that is feeding them? You want us to shut our eyes to the problem," said Justice Mehta.
The matter was heard on three consecutive days last week, with the court primarily examining the presence of stray dogs in institutional spaces and the failure of municipal authorities to manage the issue effectively.
According to a LiveLaw report, the bench had directed that stray dogs must be vaccinated/sterilised in terms of the ABC Rules and should not be released at the same spot from where they were picked up.
The bench also referred to the January 6 incident in Gujarat, where a stray dog bit a lawyer inside the high court premises. The incident had prompted the Gujarat high court advocates’ association to demand the urgent removal of stray dogs from the court campus due to rising dog bite incidents.
The top court noted that the situation had become so serious that when municipal authorities attempted to capture the dogs, they 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 top court also lamented that for four days, it has been hearing arguments on the issue and was not allowed to proceed further in the matters by activists and NGOs and was not 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 top court observed during the hearing.
On January 9, the top court said it would not go into the allegations of harassment of women dog feeders and caregivers by purported anti-feeder vigilantes since it was a law and order issue and the aggrieved persons could lodge FIRs about it.
The top court also refused to go into the claims about certain derogatory remarks being made about women on the issue.
Taking note of the "alarming rise" in dog-bite incidents within institutional areas such as educational institutions, hospitals and railway stations, the apex court on November 7 directed relocation of stray canines forthwith to designated shelters after due sterilisation and vaccination.
It also said stray dogs picked up shall not be released back to the place they were picked up from. It directed the authorities to ensure the removal of all cattle and other stray animals from the state highways, national highways and expressways.
The top court is hearing a suo motu case, initiated on July 28 last year, over a media report on stray dog bites leading to rabies, particularly among children, in the national capital.