Dog menace: Animal Birth Control allows no culling

Thiruvananthapuram: Is the culling of aggressive dogs sanctioned by the laws of the country? Lately, many people’s representatives have been siding with dog-culling drives, claiming that aggressive dogs can be killed. They would be surprised to learn that the Animal Birth Control (Dogs) Rule 2010 does not include any such provision. There are two kinds of dogs that can be administered euthanasia – the incurably ill ones or mortally wounded ones.

As per ABC, if at all the public complains about furious or rabid dogs, the dogs need to be caught, so that can be taken to a dog pound, where these would be isolated in an isolation ward. These should be kept under the observation of a panel of two experts – a veterinary surgeon appointed by the local authority and an animal welfare organisation representative. If the dog is found to have rabies, it should be isolated till it dies a natural death. If the dog does not have rabies, it should be handed over the welfare organisation representative so that the dog can be rehabilitated.

This does contradict the position of the municipalities acts of various states including that of Kerala. Kerala Municipality Act 1994 says, “The secretary may order for the seizure and destruction of unlicensed pigs or dogs straying in the municipal area shall make such arrangements therefore as he may deem fit.” But, the Bombay High Court issued an order permitting the culling of stray canines.

People for Animals legal advisor Hari S. Nair says, “The question then was whether the Municipalities Act overrides Prevention of Cruelty to Animals Act or otherwise. Eventually, Supreme Court issued an interim order staying the Mumbai High Court’s decision, saying that Prevention of Cruelty to Animals Act, a special act, overrides the Municipalities Act, a general act.” While the final judgment on the issue is yet to be passed, culling of stray dogs is illegal, even if one would call those aggressive, as per the prevailing Supreme Court order.

We need more dog pounds, says Mayor

The recent incidents at Kottayam and Kalady points to the fact that people’s representatives are clueless about Animal Birth Control Rules. DC spoke to some of the city’s councillors to see whether they are aware about the laws related to stray dogs. Health standing committee chairperson K. Sreekumar said that there were no rules to cull strays. Just as we thought that the committee is in safe hands, he added, “however, dangerous dogs can be killed. This is not based on an Act but a directive from the Kerala High Court.”

He is not entirely wrong as the High Court had permitted it. But a Supreme Court interim order had also stated that the ABC Rules should be followed, and no dog shall be killed. Both Mayor V.K. Prasanth and deputy mayor Rakhi Ravikumar said that culling is completely illegal. The Mayor added, “We need more dog pounds. Facilities are limited at Corporation’s own dog pound at Pettah. There is a private dog pound at Kattakkada.”

Town planning chairperson R. Satheeshkumar said that he did not look up the rules, as it was not related to town planning department. Tax appeal standing committee chairperson Simi Jyothish said that she was not sure about the rules. “The harmless strays need to undergo Animal Birth Control, while the aggressive ones can be killed. I am not sure though,” she said.

ABC drive in district on October 3

An animal birth control (ABC) drive is about to be launched in the district with the support of various NGOs on October 3. It will begin at block panchayath level at six centres - Ilagamon near Varkala, Neyyattinkara, Attingal, Parassala, Nedumangad and District Veterinary Centre at PMG. Later on, it will be expanded to cover all 11 block panchayats. The district panchayat has earmarked Rs 25 lakh for the project, and 73 grama panchayats will be investing Rs 1 lakh each.

"The objective is to find a lasting solution to the stray dog issue. We are also in the process of identifying one-acre-land dedicated to ABC programme," district panchayat president V. K. Madhu said. The drive will be utilising the services of retired veterinary surgeons. For the launch day, they will be taking the help of 6 such doctors. The NGOs involved have been directed to catch dogs, bring it to the respective centres on October 3, provide care to them after the surgeries and drop the dogs back to the sites from where they were found.

The People for Animals will act as the coordinator for other NGOs. Says PFA Thiruvananthapuram chapter trustee Latha I., “The ABC on October 3 will be more like a trial run. The facilities at some of the centres need to be improved. There need to be more kennels. We have been told that the infrastructure would be made better by Saturday itself.” Setting up the infrastructure - kennels and operation theatre - will not cost more than Rs 2.5 lakhs, she says.

District panchayat has hired five dog catchers on a contract basis. The number of dog catchers will be raised close to 50. LSGD is also in the process of bringing women dog catchers into the scene with the help of Kudumbashree. If the programme needs to be intensively implemented, every panchayat would need two or three catchers, according to an expert.