The Chhattisgarh High Court recently awarded Rs. 6.5 lakhs in compensation to the father of a 7-year-old girl who tragically passed away after being attacked by a stray dog. Justice Parth Prateem Sahu, presiding over the case, acknowledged the immense suffering and pain the young girl must have endured due to the attack, as evident from the photographs submitted with the writ petition.
The incident occurred on 22nd March 2018 when the petitioner’s daughter was returning home from school and encountered the stray dog, resulting in fatal injuries to her face and head. Despite medical efforts, she succumbed to her injuries on 6th April 2018.
The petitioner sought compensation from the government relief fund for his daughter’s unnatural and untimely death caused by the stray dog bite. However, the application was rejected because there was no specific provision under the Revenue Book Circulars (RBC) for compensating such cases, as per a report by Live Law.
The petitioner, dissatisfied with the rejection, filed a writ petition before the High Court seeking a direction to the relevant authorities for granting compensation. To support his case, he submitted the Rabies Post Exposure Treatment Card of his deceased daughter, a certificate from the Medical Officer, and photographs taken after the attack, illustrating the severity of her injuries caused by the stray dog.
The High Court, while acknowledging the absence of a formal provision for compensation in such cases, carefully considered the evidence presented. Despite the government authorities’ stance, the Court decided to grant compensation, taking into account the compelling circumstances and the photographs revealing the gruesome wounds suffered by the petitioner’s daughter as a result of the stray dog bite.
The Bench then referred to two similar cases previously decided by the Court, Shobha Ram v. State of Chhattisgarh & Ors. (2018) and In reference Court on its own motion (regarding death of Ku. Divya Verma) v. State of Chhattisgarh & Anr. (2017), which also involved compensation to the relatives of victims attacked by stray dogs, as per the report.
Additionally, Justice Sahu considered a recent decision by a Division Bench of the Court in State of CG v. Bhaiya Lal Gond (2023). In that case, it was ruled that when death is caused by rabies infection from stray dog bites, it falls under “strict liability” or “no fault liability.” The court applied the principle of granting gratuitous compensation for death, disability, and injury caused by wild animal attacks to incidents involving stray dog bites leading to death.
Taking these precedents into account and considering the brutal nature of the stray dog attack on the victim in the current case, the Court found it appropriate to award an ex-gratia/compensation of ₹6,50,000/- to the petitioner. The authorities were directed to make the payment within three months.
There have been many incidents of fatal and near-fatal stray dog attacks. While it usually instigates a ‘animal rights’ vs ‘actions against stray animals’ kind of debate, it’s necessary to understand what sort of systemic solutions there are to such a problem.
News18 Explains:
Why Do Stray Dogs Attack?
Stray dogs may attack when they feel threatened, cornered, or provoked. They may also become aggressive if they feel the need to protect their territory, food, or puppies. In some cases, dogs may have had negative experiences with humans or have not been socialized properly, leading to fearful or aggressive behavior, as per experts. It’s important to remember that not all stray dogs are aggressive, and many can be friendly and non-threatening if treated with kindness and caution.
What are the Systemic Solutions to Stray Dog Problems?
Kerala-based animal rights activist Angels Nair told PTI in a previous report that usually, recorded figures of dog bites in the state are exaggerated, with even minor scratches from playful pet dogs being labeled as bites. This inflation of numbers creates fear and panic among the public.
Nair pointed out that the government’s approach to handling the issue is flawed, with more focus on killing stray dogs rather than implementing effective Animal Birth Control (ABC) programs and promoting awareness among the public about responsible behavior around canines and other animals.
The Society for the Prevention of Cruelty to Animals (SPCA) shares a similar view, advocating for non-violent methods to manage the canine population and prevent conflicts with humans. They suggest proper ABC measures, regulating dog breeding in pet shops, and taking action against the abandonment of canines on the streets. Proper waste disposal and management are also crucial to prevent stray dogs from gathering around food sources, which could lead to territorial behavior and attacks.
While some believe killing stray dogs is a quick fix, activists emphasize that it is not a permanent solution. Instead, implementing comprehensive and humane measures may take time but will yield long-term results.
The issue of stray dog management in India has sparked debate among experts, activists, and authorities. While the country’s policy framework allows stray dogs to be left and cared for on the streets, animal rights activists argue that this policy leads to unnecessary suffering for the animals. They believe that the Animal Birth Control (ABC) rules contradict the Prevention of Cruelty to Animals (PCA) Act, as they mandate dogs to live on the streets, leading to suffering and conflicts, as per a report by Better India.
Different organizations and experts have varied views on how to handle stray dog problems. Some emphasize the importance of responsible pet ownership, including spaying/neutering, vaccinating, and providing proper care. Others advocate for setting up shelters and adoption programs to get dogs off the streets, as per the report.
There have been legal challenges to the ABC rules, with the Supreme Court currently hearing cases regarding their legality and constitutionality. The issue remains complex, with opinions ranging from the need for more comprehensive shelters to concerns about the conditions and effectiveness of existing shelters.
Ultimately, the management of stray dog populations requires a multifaceted approach involving responsible ownership, community engagement, and effective municipal policies to ensure both the welfare of the animals and public safety. The debate on how to strike the right balance between compassion and practicality continues.
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