[Kerala Stray Dog case] Most of us are dog lovers but have to segregate the ferocious ones: Supreme Court

The Supreme Court on Friday orally suggested that the Kerala government should work towards finding a middle ground to tackle the stray dog menace and balance the same with animal rights [Animal Welfare Board of India vs People for Elimination of Stray Troubles and ors]..A Bench of Justices Sanjiv Khanna and JK Maheshwari emphasised that a solution must be found to address the stray dog issue.The Court deferred the matter till September 28, when it would pass interim orders.It also maintained that in the interim, the State should follow all relevant laws and rules governing animal protection.It allowed all the interlocutory applications in the case, filed by various animal rights groups, and permitted the parties to file replies and synopses.Justice Khanna in his oral observations revealed his love for dogs."Most of us are dog lovers. I also feed dogs ... Have to find a rational way out. I also walk dogs. Some are ferocious. Have to segregate those." He suggested letting volunteers take care of stray dogs, including vaccinating them, adding that he was not in favour of putting chips to track them. Advocate VK Biju appearing for the Kerala government at the outset said that the matter has been ongoign for five years. "Many have [since] died by attacks."Senior Advocate V Giri also appearing for the State government submitted,"The correctness of the judgment is open to question. There are statutory rules. Your lordships may consider the appeal [itself]." To which the Bench responded saying, "We're not on that. We have to find a balancing way out. Statutory rules can be modified." Advocate Anand Grover, appearing for the Animal Welfare Board of India, suggested that a committee of lawyers may be formed to look into the issue. Justice Khanna in a lighter vein later asked the State counsel, "You want me to pass order saying only rabies-infected dogs can be culled?" The Bench noted the seriousness of the issue, observing that some strays "can become ferocious, sometimes because of hunger. We can't put them to sleep but for the rabies-infected ones."Biju pointed out that a committee earlier constituted to look into the stray dog menace had found that 'ladies, children and daily-wagers were the ones found most affected by the incidents.' He alluded to the recent death of a 12-year-old girl who had succumbed to rabies after a dog bite, despite her being vaccinated against the same. "People dying even after the [anti-rabies] shots ... We don't doubt anyone's intentions, but please fix a date." The Bench said that the State should follow the Central law and rules, referring to the Prevention of Cruelty to Animals Act and the Animal Birth Control Rules of 2001, as an interim arrangement.This was opposed by counsel for the State. The Bench then observed that "Which rules will be in play is to be determined, that's difficult.".Most of us are dog lovers. I also feed dogs. Have to find a rational way out. I also walk dogs. Some are ferocious. Have to segregate those.Justice Sanjiv Khanna.The Bench was hearing a petition filed by the Animal Welfare Board of India, challenging a 2006 judgment of the Kerala High Court which empowers local self government institutions to kill stray dogs.The petition was filed after the Kerala government in 2015 had decided to eliminate stray dogs after a spate of dog attacks on people.The petitioners relied on an interim order passed by the Supreme Court by which it had stayed a Bombay High Court judgment allowing culling of stray dogs..[Read order]