SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(SC) 1510

SUPREME COURT OF INDIA
Dipak Misra, Uday Umesh Lalit, JJ.
Anupam Tripathi – Petitioner
Versus
Union of India and Others – Respondents
I.A. No. 4 of 2015 in Writ Petition (Civil) Nos. 599 of 2015
Decided On : 12-08-2016

Advocates Appeared:
For the Applicants : Mr. V.K. Biju, Mr. Krishnan Venugopal, Mr. Ajit Sharma, Mr. Uday, Mr. Tanie Fernendis.
For the Respondents: Mr. Basant R., Mr. C.K. Sasi, Mr. Manu Krishnan, Ms. Anjali Sharma, Ms. Sujeeta Srivastava, Mr. G. Prakash, Mr. Jishnu M.L., Ms. Priyanka Prakash, Ms. Beena Prakash, Mr. Ramesh Babu M.R.

The central legal point established in the judgment is the importance of addressing the menace of stray dogs and ensuring proper management of animal bite cases, including the availability of essential drugs for treatment.

Headnote:

Street Dogs - Menace of Stray Dogs - Prevention of Cruelty to Animals Act, 1960 - Sections 11, 38 - The judgment discusses the menace of stray dogs and the measures to control it. It refers to the National Guidelines for Management of Animal Bites and the classification of animal bites for post-exposure prophylaxis recommended by the World Health Organisation. The judgment also highlights the procurement of anti-rabies vaccines and serum by the Kerala Medical Services Corporation and the inclusion of Human Rabies Immunoglobulin in the essential drug list. The Committee's provisional recommendations include making Anti-Rabies Vaccine and Human Rabies Immunoglobulin available in all Public Health Institutions, proper training of medical officers/staff nurses on the management of animal bite cases, proper waste management, control, vaccination, and sterilization of stray dogs, and licensing of domesticated animals with proper vaccination against rabies.

Fact of the Case:

The Court appointed a Committee to address the menace of stray dogs and their impact on public health. The Committee submitted an interim report focusing on the issue and made provisional recommendations.

Finding of the Court:

The Court allowed an Interlocutory Application, granting the newly added respondent the opportunity to present its stand before the Committee. The matter was adjourned to a later date to allow the State to file a response to the Committee's suggestions.

Issues: The issues revolved around the recommendations of the Committee, the procurement of anti-rabies vaccines and serum, and the infrastructural facilities provided to the Committee.

Ratio Decidendi: The Court emphasized the importance of addressing the menace of stray dogs and the need for proper management of animal bite cases. It also highlighted the significance of making essential drugs, such as Human Rabies Immunoglobulin, available for the treatment of dog bites.

Final Decision: The Interlocutory Application was allowed, and the matter was adjourned to a later date. The State was granted time to file a response to the Committee's suggestions, and the newly added respondent was given the opportunity to present its stand before the Committee.

ORDER :

1. This Court on 5th April, 2016, Anupam Tripathi vs. Union of India, (2016) 13 SCC 492 had appointed a Committee headed by Justice Siri Jagan, former Judge of the High Court of Kerala. The Committee consists of Justice Siri Jagan, Law Secretary of the State of Kerala and the Director of Health Services, Government of Kerala. The Committee has submitted the interim report which has focused mainly on the menace of street dogs itself and how to control it. The Committee has enumerated situations which are affecting the public at large. We think it appropriate to reproduce the relevant observations of the Committee:

"4. In the absence of infra-structural facilities for the Committee such as office, staff, computer, printer, stationery etc. the Committee was unable to proceed further pursuant to the orders of this Court. However, the Committee made deliberations on the sue of drugs for dog bites in Government institutions and came to some inferences on the subject, purely based on the scientific and financial inputs furnished by the Director of Health Services, which are detailed hereunder.

5. India is a nation with substantial fatal rabies cases, mainly due to stray dog bites.

Kerala is estimated to have a stray dog population of 2.5 lakhs, which feed lavishly on the wastes and garbage dumps across cities and towns. Frequent stray dog attacks on children in Kerala have created a dangerous situation. There have been incidents of stray dogs chasing, attacking and biting school children, aged persons, pedestrians, morning walkers and two-wheeler riders. Increase in stray dog population in public places like hospitals, railway stations etc. has created panic among the people. More than one lakh people in the State have been bitten by dogs in 2015-16. Rabies is an acute viral disease which causes fatal encephalomyelitis in all the warm blooded animas including man. The virus is found in wild and some domestic animals and is transmitted to other animals and humans through their saliva (bites, scratches and licks). Rabies is invariably fatal.

But if animal bites are appropriately and timely managed, the disease is preventable. The National Guidelines for Management of Animal Bites were formulated in 2002 by the expert group meeting at the National Institute of Communicable Diseases, New Delhi, to bring out uniformity in post-exposure prophylaxis. In India, where every dog bite is potentially suspected as rabid animal bite, the treatment should start immediately. Because of long incubation period in most cases of human rabies, it is possible to institute prophylactic post-exposure treatment. This must be started at the earliest, on the day of animal bite itself, to ensure that the individual will be immunised before the virus reaches the nervous system.

2. The World Health Organisation recommends classification of animal bites for post exposure prophylaxis as follows, which is followed in our country:-

Type 1

Touching or feeding of animals, licks on intact skin. Type of exposure is none and pose exposure prophylaxis is not needed if reliable case history is available.

Type II

Nibbling of uncovered skin resulting in minor scratches or abrasions, without bleeding. The type of exposure is minor. Recommended prophylaxis is wound management and Anti Rabies Vaccine (On 3rd, 7th and 28th Day).

Type III

Single or multiple transdermal bites or scratches, licks on broken skin, contamination of mucous membrane with saliva. This type of exposure is severe. Recommended prophylaxis is by wound management and treating with Rabies Immunoglobulin and Anti-Rabies Vaccine.

Anti-Rabies Vaccine (ARV): Active immunisation is achieved by administration of safe and potent Cell culture vaccines. It is administered intra-dermal.

This vaccine is available in all Public





















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top