Provide free treatment to victims of dog bites, Kerala HC directs Govt Hospitals
"Once the State machinery has been established and set up to deal with the issue, we will lift the obligation for free treatment."
Ernakulam: The Kerala High Court recently passed an order directing the government hospitals and the hospitals attached to government medical colleges to provide prompt, efficient and free medical assistance to all victims of dog bites till the state establishes machinery to contain the menace of stray dogs.
Further, the court comprising bench of Justice A. K. Jayashankaran Nambiar and Justice Gopinath P. J. directed that the treatment should be provided without any prejudice to the right of the person concerned to separately seek compensation from the State for the injuries, mental and/or physical, sustained by him/her, before the appropriate forum.
It is observed that all hospitals must also ensure the availability of sufficient medical and vaccine supplies. It said, "Once the State machinery has been established and set up to deal with the issue, we will lift the obligation for free treatment."
In its attempt to keep an eye on the machinery, the court noted that it would monitor the steps taken in this regard on a weekly basis and asked for the submission of records accordingly. It said, "The State and its authorities have a constitutional obligation to balance the competing interests of citizens and animals in every situation of human-animal conflict and take appropriate measures to safeguard those rights."
As per a media report in the Live Law, in accordance with the court order dated 14th September 2022, the government had issued a Government Order on 15th September which had issued a 4-step Action Plan, comprising of the following steps, Mass Vaccination Drive, Setting up Rehabilitation Centres for stray dogs and abandoned dogs, Sanitation/Cleaning Drive for waste disposal, and I.E.C. Campaign. A three-tier organization, the State Level Committee, the District Level Committee, and the Local Body Level People's Committee was set up for coordinating the vaccination drive.
The State Level Committee, the District Level Committee, and the Local Body Level People's Committee had submitted a report indicating the various measures they had taken regarding the issue including a mass anti-rabies vaccination program in relation to owned dogs in all local bodies of the State with effect from 1.9.2022; identification of 170 hotspots for a similar program for community dogs; identification of 37 Animal Birth Control Centres for the purposes of the Animal Birth Control – Anti Rabies program; proposals to conduct Awareness programs, and construction of animal shelters/pounds for dogs as per the guidelines prescribed by the AWBI for the construction of animal shelters, and so on.
Stressing the importance of having animal shelters, the court observed, "The obligation of maintaining animal shelters has been on law textbooks for ages. It is time it is implemented now. This shall be focused upon in the next sitting."
The court asked the states to identify dogs suspected to be infected with Rabies and seize and remove them to a place of isolation within the limits of the local authority concerned if need be by resorting to the procedure of tranquillising them under veterinary supervision.
Advocate Vikram Chandravanshi of the Animal Welfare Board of India (AWBI) had brought up the issue of local authorities being held responsible and awareness being created in the State to which the court replied that the latest government order had addressed those issues.
Taking note of the circular issued by the State Police Chief in order to safeguard the interest of community dogs in the State, the court directed the police force to "ensure that incidents of human violence against animals, including community dogs, as also incidents of violence against persons feeding such community dogs are taken cognizance of, promptly investigated into, and immediate and appropriate action initiated against the perpetrators of such violent acts. The Station House Officer of every police station in the State shall take prompt action taking note of the Circular issued by the State Police Chief and the directions contained in this Order".
On being questioned about the measures that the AWBI could take to assist the State government in dealing with the stray dog menace, it was observed that the NGOs associated with AWBI and other staff shall help on the ground level.
Responding to Kumdumbashree's application to the AWBI seeking permission to conduct ABC, the matter should be looked into in order to do the needful on an urgent basis after investigation if the requisite upgradation had been done and if the requisite intimation has been given.
After observing that the orders passed regarding this situation would be sufficient to quell the worries of the citizenry, for the time being, it further posted the matter for hearing on 23rd September 2022.
