The Kerala High Court on July 28 ordered the implementation of a suggestion to form district-level committees to process and adjudicate compensation claims filed by victims of stray dog bites in the State [Keerthana Sarin v State of Kerala & ors and connected cases].
Justice CS Dias passed the order after expressing alarm about stray dog bite cases in Kerala, opining that while animal rights are important, it cannot override human rights. He noted that the Supreme Court has take cognisance of this issue as well.
"Last month, a child who was vaccinated still died in Kannur. Only when you get bitten by a dog will you know the real pain, or once you lose someone ... Starting a shelter home is also a problem. Wherever you start a shelter, people of the locality will cause problems because of the noises made.... First preference is for man to walk on the road, not the other way around ... There have been 16 deaths and more than 1 lakh people have been bitten in the last six months in our State of Kerala. The population of stray dogs is about 50 lakh. Something has to be done ... I have to walk on the road, I don’t want to be terrorized," the judge added during Monday's hearing of the matter.
The Court proceeded to direct the Kerala State Legal Services Authority (KELSA) to constitute district-level committees in coordination with the State within one month to process compensation claims by victims of stray dog bites.
Earlier, the State authorities had recommended the formation of such committees, subject to the High Court's approval. The Court has now approved this suggestion.
Each committee will consist of the Secretary of the District Legal Services Authority (DLSA), the District Medical Officer, and the Joint Director of the Local Self Government Department (LSGD).
These committees will deal with fresh compensation claims or complaints in dog bite cases as well as cases that were pending before the Justice Siri Jagan Committee set up by the Supreme Court earlier (now dismantled on the top court's orders).
New complaints can be filed before the DLSAs or Taluk Legal Services Committees, both in physical and online formats, the Court added.
The new committees are also expected to adopt the procedures previously followed by the Justice Siri Jagan Committee while handling dog bite compensation cases.
In its order, the Court also referred to a host of earlier judgments to highlight that,
"While animal rights are necessary and have to be respected, they cannot trump the fundamental rights of human beings. However, a balance has to be struck for co-existence."
The Court was hearing a batch of cases concerning stray dog bite incidents, including a petition by a law student who sought the implementation of the Animal Birth Control Rules, 2023, framed under the Prevention of Cruelty to Animals Act, 1960.
The Court on Monday emphasised that the State has a duty to carry out sterilization and vaccination of stray dogs, for which it must also allocate funds to support local authorities.
It recorded the State's submission that only 15,767 dogs were sterilised in 2024–25, despite an allocation of ₹98 crore to the Local Self Government Department for stray dog control, of which just ₹13 crore was spent.
The Court noted that the rise in stray dog attacks was linked to the failure of authorities to implement the Animal Birth Control Rules earlier court directives.
The Court has now directed the Principal Secretary of the Local Self Government Department to file an affidavit within two weeks with details on the approximate stray dog population in Kerala, the total number of dog attacks, deaths due to such incidents, and the number of patients who have been administered the anti-rabies vaccine.
The Court also restrained the State from taking any action under Rule 8 of the Prevention of Cruelty to Animals (Animal Husbandry Practices and Procedures) Rules, 2023, which permits euthanasia of incurably ill or mortally wounded dogs, holding that no such action should be taken until further orders.
The Court explained that this was in light of earlier orders passed by the High Court in the Ajayan MR's case and the Supreme Court in Animal Welfare Board of India v. People for Elimination of Stray Troubles.
Further, the Court has sought information on the number of crimes registered by the State in animal cruelty cases, that is, for the offences punishable under Section 295 (negligent conduct with respect to animal) and 325 (mischief by killing of maiming an animal) of the Bharatiya Nyaya Sanhita, 2023.
The matter has been posted next on August 19, 2025, for further hearing. Senior Advocate Deepak P was appointed amicus curiae to assist the Court.
[Read Order]
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