Gurugram consumer court directs confiscation of pet dogs of 11 banned breeds; fines up to ₹2 lakh on dog owners for violating safety norms

A consumer court recently ordered the Municipal Corporation of Gurugram to take into custody all stray dogs and put them in pounds, with effect from November 15. [Munni Matiyar Rehman v. Neetu Chhikara].The civic body was ordered to frame a policy for compensating citizens who are bitten or attacked by stray dogs, within three months. President of the District Consumer Disputes Redressal Commission at Gurugram Sanjeev Jindal held in his order,"The compensation shall not be less than ₹20,000 and same may extend up to ₹2 lakh depending upon the gravity and seriousness of the injuries sustained by dog bite.".The forum noted that the Indian government had banned the following breeds of dogs as pets: American Pit-bull Terriers, Dogo Argentino, Rottweiler, Neapolitan Mastiff, Boerboel, Presa Canario, Wolf Dog, Bandog, American Bulldog, Fila Brasileiro and Cane Corso. Calling for a ban on these breeds to be implemented, it stated."The civic body is directed to cancel all the licences, if any, issued in this regard in favour of dog owners for keeping these dogs as pets with immediate effect and take custody of all these dogs."It further ordered the civic body to create public awareness of this ban order..The forum also ordered the corporation to pay ₹2 lakh to a woman who sustained deadly injuries in a dog attack."The medical record depicts a tell-tale of the gravity and seriousness of the multiple injuries suffered by the complainant due to the ferocious dog attack. The photos of the injuries are so disturbing that they fill shivering in ones spine and prove that out of various multiple injuries suffered by the complainant, the one on her head was even life threatening. Thus, in interest of justice, the civic body must pay ₹2 lakh as interim compensation to her," the order stated.The bench also granted liberty to the corporation to recover the said amount from the dog's owner..The forum was dealing with a complaint filed by a woman engaged in domestic help work, who was attacked by a Dogo Argentino dog, in the Civil Lines area of Gurugram on August 11 this year. She had sought ₹10 lakh compensation citing the protracted medical treatment that she had to undergo for months at Delhi's Safdarjung Hospital.Counsel representing the complainant highlighted that the number of dogs - including pets and strays - in the country would swell up to 9.1 crore by the end of 2023, and argued that India is becoming a 'Dogistan' instead of 'Hindustan.' He also pointed out that every year, on average, there are around 77 lakh dog attack cases in the country, in which about 20,000 people die, a number he claimed is far more than deaths caused by terrorist attacks.Therefore, he argued that the court must step in to protect helpless citizens from the 'dog bite terror' and pass appropriate orders as the dog in this case was one of the breeds which are banned by the Government of India.."This court fully agrees with the contentions about the basic fundamental rights of the consumers of Gurugram at large relating to their life, health and personal safety and thus, this court deems it necessary to pass some interim order especially with regards to proper compliance of the April 2016 notification of the Union government to ban 11 foreign breed dogs," the bench opined.The forum, therefore, directed cancellation of licenses of all such pets.Calling for a ban on these breeds to be implemented, it stated."The civic body is directed to cancel all the licences, if any, issued in this regard in favour of dog owners for keeping these dogs as pets with immediate effect and take custody of all these dogs."It further ordered the civic body to create public awareness of this ban order..As far as other pet dogs are concerned, the court ordered the municipal authorities in Gurugram to ensure that all the rules are followed scrupulously and also to ensure that each dog owner registers their pet by paying an amount of ₹12,000 and renews the same every year by paying ₹10,000.Further, to curb dog bites and attacks, the bench directed that all pet dogs will have to compulsorily wear a collar attached with a metal chain."Whenever a pet dog is taken to public places, its mouth shall be properly covered with a net cap so that it may not bite anyone. Besides, the owner will also have to take with him a dog shitbag and dog shit plucker in order to maintain proper hygiene at public places," the order states.It was clarified that if any dog owner is found violating these norms, s/he shall be liable to pay a fine amount of ₹20,000 which can also be extended up to ₹2 lakh, in default of which the violator may have to go in jail for a term between 1 month to 2 years..As far as stray dogs are concerned, the civic body has been asked to take all of them in custody and keep them at earmarked shelters, and to ensure that proper care is taken..Advocate Sandeep Saini appeared for the complainant, while Advocate Rahul Yadav appeared for the dog owner. Advocate Vivek Verma represented the Gurugram Municipal Corporation..[Read order]