The committee’s functioning has reportedly been stalled as it has been unable to proceed due to uncertainty surrounding the interpretation of a 2023 Supreme Court order.
Published Sep 07, 2024 | 4:16 PM ⚊ Updated Sep 08, 2024 | 9:27 AM
Kerala had an estimated population of 2.80 lakh street dogs in 2022, and their number has been increasing by 20% every year. (Representational image/iStock)
The Justice (retired) S Siri Jagan Committee, constituted by the Supreme Court to address the rising incidents of street dog attacks in Kerala and to decide on the compensation to be awarded to the victims of dog bites has hit a roadblock.
The committee’s functioning has reportedly been stalled as it has been unable to proceed due to uncertainty surrounding the interpretation of a 2023 Supreme Court order.
The committee – with former Kerala High Court Judge Siri Jagan as its chairman and law secretary and the director of Health Services as members – was formed in response to the growing public outcry over the increase in stray dog attacks across the state.
Tasked with not only examining the circumstances surrounding these incidents but also sanctioning compensation to the victims, the committee was seen as a crucial step in addressing the escalating crisis.
Talking to South First, Justice Siri Jagan said the committee is still active. “We have not ceased operations. We continue to receive and accept complaints from the public. However, we cannot proceed further as we await crucial clarification from the Supreme Court.”
Stray dog menace in Kerala.
“It was following a Supreme Court directive in 2016 that the committee was constituted. The committee came into being as per Animal Birth Control (Dog) Rules, 2001. But in March 2023 the Union Government notified the Animal Birth Control Rules, 2023, under Prevention of Cruelty to Animal Act, 1960, and after superseding the Animal Birth Control (Dog) Rules, 2001,” he said.
“The apex court in a verdict stated that ABC Rules, 2023, remains the governing law of the land. However there was a lack of clarity regarding the continuation of the commission, as it came under Animal Birth Control (Dog) Rules, 2001. The issue is whether the committee should continue or not. A clarity is needed,” he added.
Responding to whether the committee had asked the state government to approach the apex court for clarification, Justice Siri Jagan said, “We didn’t ask. The state itself is a respondent in the case. Let’s wait.”
The state government has been providing remuneration to him and his secretary, besides continuing the facilities for the functioning of the committee.
The government has yet to approach the Supreme Court for a definitive resolution, further prolonging the impasse.
According to the Union Government, the rules addressed the Supreme Court guidelines in the Writ Petition No. 691 of 2009 between the Animal Welfare Board of India (AWBI) and People for Elimination of Stray Troubles.
The Supreme Court has in various orders specifically mentioned that dogs cannot be relocated.
According to current regulations, local bodies have been entrusted with the responsibility of the ABC programme for the sterilisation and immunisation of stray dogs. These regulations also address the need to prevent cruelty during the implementation of the programme.
Proper enforcement of the rules will allow local bodies to effectively carry out the ABC programme to reduce the stray dog population and addresses animal welfare concerns.
Municipal corporations are required to implement the ABC and anti-rabies programmes together. The rules provide specific guidelines for managing conflicts between humans and stray dogs without relocating dogs from their area.
One key requirement under these rules is that the ABC programme must be conducted by AWBI-recognised organisations. A periodically updated list of such organisations is available on the AWBI website.
According to the Local Self Government Department, the Supreme Court in its July 2018 judgement ordered that it would be the obligation of the state to see that the compensation for stray dog victims as recommended by the Justice (Rtd) Siri Jagan Committee is strictly complied with. If it is not adhered to, the competent authorities of the state shall be liable for contempt of the Supreme Court and be adequately punished.
As per available information, the committee last submitted its report (40th) containing the details of the claimants in November 2023. As many as 32 persons were then awarded compensation.
The state government has expressed strong concerns that the current Animal Birth Control Rules, 2023, under the Prevention of Cruelty to Animals Act, 1960, are inadequate to effectively tackle the growing stray dog menace in the state. This concern has been formally communicated to the authorities concerned.
Recognising that improper waste disposal is a major contributor to the rising stray dog population, the government stated that it has taken decisive action.
Stringent measures have been implemented to curb public dumping of waste, coupled with heightened awareness campaigns and strict enforcement of penalties to deter such practices. These initiatives aim to address the root causes of the issue, ensuring a safer and cleaner environment for all.
The delay in resolving the legal uncertainties has sparked concerns among the public and animal rights activists alike. On one hand, there is growing frustration among those awaiting compensation for the trauma they have endured.
On the other, activists fear that the stalled functioning of the committee might lead to unchecked measures against street dogs, exacerbating the already sensitive issue of animal rights versus public safety.
There is also the concern that the ongoing uncertainty may slow down the process, creating a backlog of cases and delaying justice for the victims.
Legal experts suggest that the state government must act swiftly to seek clarity from the Supreme Court to ensure the smooth functioning of the committee.
“The current situation is untenable for both victims and the committee,” said a senior advocate familiar with the matter. “A clear directive from the Supreme Court is essential to resolve the existing ambiguity and allow the committee to function effectively.”
For now, the Justice Siri Jagan Committee remains in a state of uncertainty, caught between a Supreme Court ruling that has yet to be clarified and a government that has yet to take the necessary steps to ensure the committee’s smooth functioning. The victims of street dog attacks, meanwhile, continue to wait for justice and relief they deserve.
(Edited by Majnu Babu).
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