SC to issue directions on Nov 7 to tackle 'grave menace' of dog bites in institutional areas

New Delhi, Nov 3 (PTI) The Supreme Court on Monday said it will pass interim directions on November 7 to tackle the issue of "grave menace" owing to dog bites in institutional areas, where employees feed and encourage stray dogs.

A three-judge special bench comprising Justices Vikram Nath, Sandeep Mehta and N V Anjaria said this while hearing the stray dogs case in which the chief secretaries of over 30 states and Union territories appeared in the apex court.

"We have considered the issue of grave menace owing to dog bites in institutional areas. We shall issue interim directions to tackle the said issue on the next date. List for orders on November 7," the bench said.

During the hearing, the bench observed it will issue directions with respect to the stray dogs menace being faced in institutions, including government and public sector ones, where the employees are supporting, feeding and encouraging the canines.

The bench said it will try and issue some further directions regarding dog bite incidents happening across the country.

"Apart from recording the appearances and affidavits and everything, we will also be issuing some directions with respect to institutional menace which is being faced in government institutions, public sector institutions and other institutions where the employees are supporting, feeding and encouraging dogs in that area," Justice Nath said.

One of the advocates appearing in the matter urged the bench that they be heard prior to passing of directions on the issue.

"For institutional matters, we are not going to hear any arguments at all. Sorry," Justice Mehta said.

The bench said personal appearance of the chief secretaries of states and UTs would no longer be required. "However, their presence would again become necessary in case there is any default in the compliance of the orders passed by this court," it said.

The bench said it had called the chief secretaries of all the states and UTs, except West Bengal and Telangana, to remain present before it as they had neither filed their compliance affidavit nor were they represented during the hearing on October 27.

The bench said the states and UTs, except West Bengal and Telangana, were "completely lethargic" and had not filed their affidavits earlier.

It noted that except for the UTs of Dadra and Nagar Haveli and Daman & Diu and Chandigarh, all others have filed their compliance affidavits.

"The counsel representing the UT of Dadra and Nagar Haveli and Daman & Diu has sought two days for filing the affidavit, the same shall be filed before the next date of hearing, i.e., November 7," it said.

The bench noted the submission of counsel representing UT of Chandigarh that they have filed the compliance affidavit on October 30 but the same is not on record. It asked the apex court registry to verify the same and place it on record.

The apex court on August 22 asked the states and UTs about the steps being taken for compliance of the Animal Birth Control (ABC) Rules.

During the hearing on Monday, the bench said the Animal Welfare Board of India be made a party in the matter and notice be issued to it.

It also allowed the application seeking exemption from personal appearance filed by the chief secretary of Kerala while noting that the state has filed its compliance affidavit and its principal secretary, local self government of Kerala, was present in the court.

At the outset, Solicitor General Tushar Mehta said most of the states and UTs have filed their compliance affidavit with some delay for which they have tendered apology.

When one of the advocates raised the issue of designated feeding points for stray dogs, the bench said, "This matter is going to continue for sometime. It is not coming to a closure today. We are still doing the housekeeping work. Let us complete that." The bench asked senior advocate Gaurav Agarwal, assisting the top court as an amicus curiae, to make a convenience compilation of all the affidavits along with its summary.

Mehta said victims of dog bite incidents should also have a say in the matter.

The bench allowed the interlocutory applications filed by the victims and said they would not be required to make any deposit to the apex court registry.

In its August 22 order, the top court said each individual dog lover and NGO that have approached it shall deposit Rs 25,000 and Rs 2 lakh respectively with its registry, failing which they shall not be allowed to appear in the matter any further.

While hearing the matter on October 27, the top court had directed the chief secretaries of states and UTs, except West Bengal and Telangana, to remain present before it on November 3 to explain why compliance affidavits were not filed despite the court's August 22 order.

The bench had noted that only West Bengal, Telangana and the Municipal Corporation of Delhi (MCD) had filed their compliance affidavits.

The apex court had earlier expanded the scope of the stray dogs case beyond the confines of Delhi-National Capital Region, and directed that all states and UTs be made parties in the matter.

The apex court is hearing a suo motu case which was initiated on July 28 over a media report on stray dog bites leading to rabies, particularly among children, in the national capital. PTI ABA ABA KVK KVK