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SUPREME COURT OF INDIA
DIPAK MISRA, PRAFULLA C. PANT, JJ.
Aluva Janaseva @ Janaseva Sisubhavan thr. Its Secretary - Petitioner
Versus
Union of India And Ors. - Respondents
Writ Petition (Civil) No. 808 of 2015
Decided On : 30-11-2015
Stray Dogs - Protection for Children - Implementation of Sections 9(f) and 11(3)(b)(c) of the Prevention of Cruelty to Animals Act, 1960 and Section 438 of Kerala Municipality Act, 1994
Fact of the Case:
The petitioner sought protection from stray dogs, particularly for children who had been affected by dog bites, and highlighted the need for implementation of relevant provisions of animal cruelty and municipality acts.
Finding of the Court:
The court acknowledged the serious injuries suffered by children due to stray dog bites and recognized the need for protection. It issued notice on the writ petition and the prayer for interim relief.
Issues: Protection from stray dogs, implementation of relevant legal provisions, and the need for interim relief.
Ratio Decidendi: The court's decision was influenced by the fundamental embodiment of human race in children and the need to protect them from any kind of attack by stray dogs, as well as the provisions of the Prevention of Cruelty to Animals Act, 1960 and Kerala Municipality Act, 1994.
Final Decision: The court issued notice on the writ petition and the prayer for interim relief, indicating a willingness to consider the petitioner's request for protection from stray dogs.
ORDER :
Heard Mr. V.K. Biju, learned counsel for the petitioner.
2. It is submitted by him that though he has filed I.A. No.2 of 2015 in Writ Petition (Civil) No. 599 of 2015, which relates to protection from stray dogs on the foundation that the lives of human beings are to be saved, for they cannot be allowed to become prey to the stray dogs, yet he has been compelled to prefer an independent writ petition at the instance of the petitioner-Association as it has been found that in the meantime many children have been affected by bite of stray dogs. He has brought on record certain newspaper clippings which show that the children have been bitten by the stray dogs and have suffered serious injuries. Learned counsel would submit that there has to be protection for the children from the stray dogs because children become easy and innocent targets for these kind of dogs. In essence, the submission of Mr. V.K. Biju is that there has to be implementation of Sections 9(f) and 11(3)(b)(c) of the Prevention of Cruelty to Animals Act, 1960 and Section 438 of Kerala Municipality Act, 1994. Appreciating the submission that the children are fundamental embodiment of human race and they deserve protection from any kind of attack by the stray dogs, we are inclined to issue notice.
3. Issue notice on the writ petition, as also on the prayer for interim relief. The Registry is directed to fix a returnable date within four weeks.
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