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Make premises of schools, colleges, hospitals, sports ground, bus and railway stations free of stray dogs, shift them in shelters: SC

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NEW DELHI: Noting that India continues to report one of the world’s highest rabies-related mortality and there has been disturbing and alarming increase in dog-bite incidents making public places unsafe, Supreme Court on Friday directed that stray dogs be removed from the premises of educational institutions, hospitals, sports complexes, bus stands/depots and railway stations and made it clear the concerned authority will have to face the music for non-compliance of its order.

A bench of Justices Vikram Nath, Sandeep Mehta and N V Anjaria said "menace of dog bites", particularly in public and private institutions that serve as spaces of learning, healing and recreation, is not merely a public-health challenge but a matter of human safety and govts are under an obligation to protect the life and health of citizens.

The bench in its order mentioned various incidents of dog bites which grabbed headlines recently including a Welsh entrepreneur bitten by a stray dog during a morning run in Bengaluru, two foreign coaches (from Kenya and Japan) bitten inside Jawaharlal Nehru Stadium and similar incidents in educational institutions and on railway stations and hospitals. At Kannur railway station in Kerala, a stray dog, which had rabies, reportedly bit 18 people on a platform.

"It shall be the responsibility of the jurisdictional municipal body/authority to forthwith remove every stray dog found within the premises of an educational institution, hospital (public or private), sports complex, bus stand/depot (including Inter-State Bus Terminal) or railway station and to shift such animal/s to a designated shelter, after due sterilisation and vaccination, in accordance with the Animal Birth Control Rules, 2023. The stray dogs so picked up shall not be released back to the same location from which they were picked up. We have consciously directed the non-release of such stray dogs to the same location from which they were picked up, as permitting the same would frustrate the very effect of the directions issued to liberate such institutional areas from the presence of stray dogs," the bench said.

No sooner had the bench read out the operating part of its order in open court, animal activists and dog lovers pleaded with the court not to sign the judgement and requested the court to grant them a hearing but the court turned down the request.

It directed that the management or administrator of such institutions shall designate a nodal officer responsible for the upkeep and cleanliness of the premises and for ensuring that stray dogs do not enter or inhabit the campus. "The recurrence of such incidents, particularly within institutional spaces meant for learning, healing, and recreation, reflects not only administrative apathy but also a systemic failure to secure these premises from preventable hazards. The situation calls for immediate judicial intervention to safeguard the fundamental right to life and safety of citizens, especially children, patients, and sportspersons, " the bench said.

"The aforesaid directions are being issued in continuation of and in furtherance of this Court’s order dated August 22, to ensure that the menace of stray dog attacks within institutional areas is curbed through effective preventive and administrative mechanisms. The primary objective is to safeguard the fundamental right to life and safety of citizens, particularly children, students, patients, and sportspersons, while ensuring compliance with the principles embodied in the Animal Birth Control Rules, framed under the Prevention of Cruelty to Animals Act, " it said.

It also directed Chief Secretaries of all states and UTs to implement its direction and file status report after eight weeks and also ordered Animal Welfare Board to file a report on nationwide status of sterilisation and vaccination drives, as well as the formulation of uniform Standard Operating Procedures for the prevention of dog-bite incidents. ""Any reported non-compliance of any of the above directions shall be viewed very seriously and may invite penalties/consequences including but not limited to the initiation of suo moto contempt proceedings against the erring officials," it said.

It said the administrative heads of the aforesaid institutions shall through their respective local/ municipal authorities, under the overall supervision of the District Magistrate concerned, ensure that the premises are secured by adequate fencing, boundary walls, gates and such other structural or administrative measures as may be necessary to prevent the ingress of stray dogs.
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