Open Access Research Article
LAWS RELATING TO DOG BITES IN INDIA. (APPEARANCE AND REALITY)
Published Paper
Article Details
LAWS RELATING TO DOG BITES IN INDIA. (APPEARANCE AND REALITY)
AUTHORED BY - KANAD YADAV
I. INTRODUCTION
“The
greatness of a nation and its moral progress can be judged by the way its
animals are treated.”
— Mahatma Gandhi
Dogs are
typically thought of as man's best friend because of their loyalty, but
recently, where there has been an upsurge in dog bites,
people are beginning to look at them with fear and distrust on the streets and
in their homes. Article 21 of the Indian constitution guarantees us the right
to life and personal liberty which includes the right to live in a fear free environment,
this right has been infringed by the menace caused by the stray dogs around the
street. This research is focused on
the various laws which have been enacted to deal with the perils of dog bites. The research is divided into
different chapters.The chapters are as following:
HISTORICAL SETTINGS
To go into the depth
of the subject ,it is always necessary to find its traces in history.
PROTECTION OF DOGS: A CROSS JURISDICTIONAL STUDY
This chapter
inquires into laws of different countries relating to dogs.
LEGAL FRAMEWORK FOR DOGS IN INDIA
In this chapter we will have a look at the legislation we have for dogs.
CONCLUSION
This chapter
of the paper tells about
the measures to be taken
for efficient working
of the laws.
Dogs bite cases widely
need to be addressed to draw attention of the government to the rising cases
of dog bites and measures to be taken by them to reduce it.
II.
HISTORICAL SETTINGS
To begin our study of dogs it will be good to start with the history of
dogs in connection with humans. We should know the purpose and importance of dogs in ancient times.Quran sharif tells us about the position of dogs in muslim community
and similarly the bible and
hindu mythology is useful to know the position of dogs in respective religion.
1. Scriptures
As per Quran
There are two mentions of dogs in the Quran. The first is in Surah
Al-Maidah. In short, Allah says it is permissible to eat that which the dog has
hunted for you.The second mention of Dogs from The Quran is found in Al-Kahf. This Surat, tells
a story of a child who was protected by a dog that was
guarding the entrance of a cave[1].
As per the
Bible:
Matthew
7:6
6 “Do not give dogs what is sacred;
do not throw your pearls
to pigs. If you do, they may trample them under their feet, and
turn and tear you to pieces.
Philippians 3:2
2 Watch out for those dogs, those evildoers,
those mutilators of the flesh[2].
As
per Hindu mythology
The Rigveda
contains the oldest reference to dogs. In the Rigveda, we learn about a bitch
named Sarama who is Indra's servant and aids in the search for the Panis' theft
of Indra's cows. So, Sarama
could be thought
of as Indra's hunting dog or watchdog. All dogs in the
world are thought to be descendants of Sarama, whose offspring are known as the
Sarameya. The Rigveda specifically refers to Shama and Shabala, the two
offspring of Sarama who are four-eyed beasts who are frequently associated with
Yamaraj[3].
Dogs have been discovered in Harappan civilization seals. People buried with
dogs can be found in burial
sites that date back to the Harappan
civilization. This would
suggest that dogs have been a
beloved domesticated species in India for a very long period.
2. Nomadic to pasture, the utility of
dogs
In a nomadic period
when people were supposed to move from place to place in search of food, they were accompanied by their
dogs for their safety. They used to keep dogs to protect their belongings and
children safe from any unforeseeable intrusion. Dogs play a vital role in their
life, the cattle of the nomadic people were protected by them. This gradually
increased the importance of dogs. The trend can also be seen in the present
time, where people keep dogs to protect their property.
III.
PROTECTION OF DOGS: A CROSS JURISDICTIONAL STUDY
1. UNESCO
The first
Universal Declaration of Animal Rights was adopted in 1978, making it a
landmark year for animal rights. This crucial report was written by the
International League for Animal Rights and presented to a UNESCO committee in an effort to promote stricter animal protection
regulations. This movement recognized the notion that animals have
an equal right
to exist as we do, among many other things
it accomplished for animal rights.
2. The animal
welfare act, 1966(USA)
In 1966,
Congress passed legislation that later became known as the Animal Welfare Act
(P.L. 89-544) with goals of preventing the theft and sale of pets to research laboratories and regulating the humane care and handling
of dogs, cats, and other laboratory animals.
Covered Animals and Animal Use
The AWA
applies to any live or dead warm-blooded animal, including dogs, cats, nonhuman primates (e.g., lemurs, monkeys,
apes), guinea pigs, hamsters, and rabbits determined by USDA to be used for
research, exhibition, or as a pet. Covered animals include warm-blooded zoo
animals (e.g., tigers, red pandas, and gorillas) and captive marine mammals
(e.g., orcas, narwhals, and polar bears).
The AWA covers
birds not used for research, but as of July 2022,
USDA has not finalized its proposed rule to establish regulatory standards
for birds.7 The AWA’s statutory
definition of animal excludes birds, rats, and mice bred for research;
horses not used for research; and other farm animals used in the production of
food and fiber.8 Cold-blooded animals (e.g., fish, reptiles, crustaceans) are
not covered under the AWA.
Importing Dogs for Resale
The AWA establishes specific requirements for the importation of dogs
intended for resale in the United States (7 U.S.C. §2148), except for dogs
intended for research or veterinary treatment. Dogs imported for resale must be vaccinated and healthy. They also
must be at least six months old, except in the case of importation from certain
countries into Hawaii[4].
3. Laws relating
to dogs in the UK
In the UK there
is various legislation made for the protection of dogs and also for the
protection of civilians from dogs. These laws make the owner of the dogs liable
for negligence on their part.
Following is the legislation enacted relating to dogs in the UK:
1. Dogs act 1906 - according to section 1 of this act, the owner must be held liable
for the injury caused to cattle by his dogs. Section 3 of this act talks about
the seizure of stray dogs.
2. Dangerous dogs act 1991-
this act is related to dangerous dogs which may be a threat to people and which are bred for
fighting.[5]
IV.
Legal framework for dogs in india
1.
INDIAN CONSTITUTION
The Indian Constitution honors the existence
and welfare of animals by establishing the responsibility of all Indian
citizens to respect
and have compassion for all living
things.
General
protection of animal rights is provided under the Indian Constitution. It is a
fundamental duty in Article 51A (G) to protect wildlife
and to show compassion for all
living things.
Article 48
mandates that the State prepares agriculture and animal husbandry on
contemporary, scientific lines, takes action to preserve
and enhance breeds,
and forbids the slaughter of
cows and their calves as well as the use of cattle for drought.
The State is required
by Article 48A to preserve,
conserve, and improve
the nation's forests and
animals.
LEGISLATIVE POWER
Article 245 of the Indian constitution confers the power
of parliament to make laws for
the whole part of the territory of India, the territory of India includes the
territory of states, union territory, and other territories which may be
acquired. Also, the state legislature is empowered to make laws for the whole
or any part of the state.
Article 246 of the constitution lays down the subject matter
on which parliament and state legislature
can make laws. This subject matter is distributed in three lists contained in
the seventh schedule:
1. Union list - The
Parliament has exclusive power to make laws concerning the matters enumerated within this list.
2. The State
List: For the things included
in this list,
only state legislatures have the authority
to enact laws.
3. Concurrent List: The State Legislatures and the Parliament both have the authority
to enact laws about the topics listed here.
The State
and Concurrent List have the following items
assigned to it about animal
rights.
Under Item 14 of the State
List, the States
are given the authority to "[p]reserve, maintain and improve stock and prevent
animal diseases and enforce veterinary training and practice."
Both the Center and the States
have the authority to pass laws on the Concurrent List regarding:
"Prevention of animal cruelty" is item 17 on the list. The protection of birds and wild animals
is item 17B.
2. LEGISLATION AND RULES
In India we
have various laws for the protection of animals. The wild animals are protected
by the wildlife protection act 1972.If we have laws for the protection of wild
animals which are rarely seen in everyday life,the protection of the domestic
animal is crucial because interaction with these animals is seen generally in
day to day life.It is necessary to have a look on the laws protecting the
domestic animal.If any domestic animal cause injury to the people,who should be
held liable? What are the remedies available
to the victim? Answers to these questions can be given
by the thorough study of the laws relating to domestic animals.
Domestic
animal protection
The term
domestic animal is defined in section 2(d), of the Prevention of Cruelty to
Animals Act,1960 which
states that “domestic animal” means any animal which
is tamed or which
has been or is being
sufficiently tamed to serve some purpose for the use of man or which, although it neither has
been nor is being nor is intended to be so tamed.
For the protection of domestic animals,
parliament has enacted
the Prevention of Cruelty
to Animals, Act of 1960
Section 4 of
the act calls for the establishment of the Animal Welfare Board of India for
the promotion of animal welfare
generally and to protect animals
from being subjected
to unnecessary pain and suffering.
Section 38 of the act lays out the power to make rules,
Section 38(1) of this act reads that the central government may, by
notification in the official gazette, and subject to the condition of previous,
make rules to carry out the purpose of the act.
PROTECTION
OF DOGS
In India dogs are protected under the Prevention of Cruelty to Animals, Act of 1960,
and rules made under section 38 of the PCA act of 1960, specifically,
the Animal Birth Control(Dogs) rules,2001.
In IPC under sections
428 and 429, there are punishments for a person
hurting pet animals.
Article 51A(g)
of the constitution speaks about the duty of the citizen to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
NEED FOR PROTECTION OF DOGS
Taking note
of the incident which took place recently in Ghaziabad, where a pet dog bites a
boy inside the lift as its owner looks on instead of protecting the child, stray dogs are a public issue in
India that need to be addressed properly. Similar incidents of dog bites have
been recorded in countries where children were
attacked by dogs. India has the largest number of stray dogs and the
highest number of rabies cases in the
world. Our government is very well aware of this situation but still, there is
no solution for the menace caused by the stray dog.
RECENT INCIDENTS OF DOG BITES
Dog bite cases are increasing rapidly
in the country. A schoolboy was attacked by a pet dog inside the lift of a
Greater Noida housing society on Tuesday. The child, accompanied by his mother,
was on his way to school. They were joined by a man and his pet dog inside the lift. CCTV footage shows the dog
attacking the child, biting his hand before being subdued by its owner[6].
PANCHKULA: A man has been booked
after his pet dog attacked a group of people buying vegetables at Amravati
Enclave. An Army officer who tried to stop the canine was also bitten by the dog.
In his complaint to the police, Lt
Col R P Singh, a resident
of Amravati Enclave,
alleged that the Labrador was aggressive by nature and his owner Somvir
kept it unchained, creating fear among other residents.
He claimed that around 10 am on
Friday, the dog attacked people who were buying vegetables at a shop. When Lt
Col Singh tried to help calm the dog, it struck him and bit him on his left arm.“This is the
second time, this dog has bitten me without provocation.”
Police have registered a case under
Section 289 (Negligent conduct with respect to animal) of the IPC against the dog
owner at Pinjore police station[7].
According to livestock, as per the
2019 census dogs count 153.1 lakh in the country. Many states witness a rise in
dog bite cases. The cases in the urban areas are greater in number as compared
to the ruler area. States have legislation to control the menace caused by dogs
but the nuisance of dogs continues.
LIABILITY OF OWNERS
OF DOGS
As per
section 2(f) of the Prevention of
Cruelty to Animals Act,1960 owner, used in reference to an animal, includes not only the owner but also any other person for the time
being in the possession or the custody of the animals, whether with or without
the permission of the owner. The dog owner's liability means the responsibility of the owner to take care of the dog and to make
sure that the dog does not cause injury to other people.
Section 3 of the act states
the duties of persons having
charge of animals.
A.
Civil liability
The ownership
of the dogs comes with the responsibility and accountability for its action and the damages caused by them.
Under the common
law if any person who owns or has
control over the animal is held responsible for the damages caused by it to
others. The owner or controller of the animal may be held liable under the
ordinary law of torts for negligence towards the animal or towards others. If a person owns a dog and the dog
bites the neighbor without any provocation then the owner will be held liable
for his negligence in taking care of his dog. Most of the cases of dog bite
cases are of strict liability where you don't have to prove negligence by the
owner. The remedy in the torts
will be compensation for the damages sustained by the person.
B.
CRIMINAL LIABILITY
The owner of
the dog can be held liable under section 289 of the IPC. According to section 289 whoever knowingly or negligently omits
to take such order with any animal in his possession as is sufficient to guard
against any probable danger to human life, or any probable danger of grievous
hurt from such animal, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may
extend to six months, or with fine which may extend to one thousand rupees, or
with both.
LIABILITY AND RESPONSIBILITY OF THE STRAY DOG
India has the
largest number of stray dogs and the highest number of rabies cases in the
world. If a dog bites a person we can hold its owner liable, but who can be held liable if the injury is caused by the stray
dog? Article 21 of the Indian Constitution guarantees the
"Right to life" to its residents and requires state and local
governments to maintain a secure and disease-free environment. The government
has a responsibility to instruct the
local authorities to protect public spaces, especially those with stray animals to prevent public nuisance. For the protection and management of the stray
dogs ,The Animal
Birth Control(Dogs) Rule 2001 was published, as required under the
sub-section (1) of section
38 of the Prevention of Cruelty to Animals Act,1960.
Some of the important
rule for the better understanding of our topic is given below
Rule 3.
Classification of dogs and their Sterilization : (1) All dogs shall be
classified in one of the following two categories (i) pet dogs,
(ii) street dogs. (2) The owner of pet dogs shall be responsible for the
controlled breeding, immunization, sterilization and licensing in accordance
with these rules and the law for the time being in force within a specified local
area. (3) The street dogs shall be sterilized and immunized by participation
of animal welfare organizations, private individuals and the local authority.
RULE 4. FORMATION
OF THE COMMITTEE
Rule 5.
Functions of the Committee : The committee constituted under rule 4 shall be
responsible for planning and management of dog control programmes in accordance with these rules. The committee may:
a) issue
instructions for catching, transportation, sheltering, sterilization,
vaccination, treatment and release of sterilized vaccinated or treated dogs.
b) authorize
veterinary doctors to decide on a case to case basis the need to put to sleep
critically ill or fatally injured or rabid dogs in a painless method by using
sodium pentathol. Any other method is strictly prohibited.
c) create public
awareness, solicit cooperation and funding.
d) provide guidelines
to pet dog owners and commercial breeders from time to time
e) get a survey
done of the number of street dogs by an independent agency.
f) take such
steps for monitoring the dog bite cases to ascertain the reasons of dog bite, the area where it took place and
whether it was from a stray or a pet dog.
g) Keep a watch
on the national and international development in the field of research
pertaining to street dogs' control and management, development of vaccines and
cost effective methods of sterilization, vaccination, etc.
1.
JUDICIAL APPROACH
Judiciary plays an indespensable role for protection of the
animals,irrespective of their nature whether it is the wild animal or the domestic
animal.The utmost importance given by the judiciary to protect animals is because they
cannot express their suffering by
words like humans. The judiciary supports
and promotes animal rights in the same ways
that they do for human rights because it is crucial to defend and protect
animals from oppression, attack , and harsh treatment that they may be subject
to at the hands of humans. It is the responsibility of the judiciary to place
emphasis on animal rights because animal rights can be seen as the voice given
to animals to interact and coexist with humans amicably. The judiciary played
an important role in protecting domestic animals in INDIA. In Prof Ajay
Singh Rawat vs Union Of India &
Others on 9 April,
2015 It was held that in the case of dog biting, victims of dog biting
shall be paid compensation of Rs. two lacs, Rs. one lac by the Municipality and
Rs. one lac by the State Government, within a week from the date of dog biting. We further direct that in the
case of ape and monkey biting, the victim shall also be paid Rs. two lacs by
the State Government[8].
In Kavita Prashant Magar vs The Additional
Commissioner ... On 14 September 2016 it was contended by the plaintiff
that the funeral place of the village was not in order and stray dogs had created problems at that place and there were cases of dog bites and complaints of 35 to 40 persons were received that they suffered due to
dog bites at the funeral place. She contended that one lady, Sakwarbai
Panditrao Magar had died due
to dog bite. So for cleaning the place, urgent action was necessary and the work was given to one Bharat Madhukar
Khairnar for that sand mixed
with clay was also spread
at funeral place the payment of Rs.44,000/- was made to said Khairnar. She
contended that Gram Sabha had approved this work, though subsequently[9].
In All
India Animal Welfare ... vs Brihanmumbai Municipal ... on 20 April, 2007 it was held by the bombay high court
directed to built the shelter homes for the dogs.The said Dog Shelter
Homes should have proper dog homes, veterinary Doctors to take care of the dogs
and to carry out sterilization programmes, in an organized and effective manner[10].
In Manas Mandar Godbole versus The State of Maharashtra, 2023 LiveLaw (Bom) 10
it was held that the owners
may treat dogs as their children but dogs aren’t human beings and hence a
person cannot be booked under Sections 279 and 337 of the IPC[11].
Recently, The Telangana High Court on Wednesday initiated a Public Interest
Litigation (PIL) over the gruesome death of a five-year-old boy who was
mauled to death by stray dogs in Hyderabad on Sunday.
The High Court
blamed "negligence" on part of the Greater Hyderabad Municipal
Corporation (GHMC) for the boy's death and asked the municipal body what steps
are being taken to curtail incidents of stray dog attacks. The High Court
expressed condolences for the five-year-old's death and assured that it would look into the matter of compensation for his family[12]
3.
CONCLUSION
It is easier said than done in a country with 60-80 million
dogs. It is unrealistic to expect
a developing country like India to invest thousands of crores of rupees in
infrastructure and deploy lakhs of people to catch dogs, operate on them, and care for them. Especially given that many areas of the
country lack adequate public health infrastructure.Even if
they are sterilized, dogs that continue to live on streets will still bite,
chase people and vehicles, get into
accidents, suffer from hunger and disease, and remain in conflict with people.
Where resources are available, dog density will continue to increase,
especially if people feed dogs on the streets. The only long-term solution is
to implement strict pet ownership laws, prohibit people from carelessly feeding dogs everywhere, and set up
facilities funded by animal welfare organizations that can either house
dogs for life,
or humanely euthanize them so they don’t suffer on the streets. This policy is
implemented across the world and was also espoused by Mahatma Gandhi over a
century ago when he exhorted local authorities to build a pinjrapole for dogs
or eliminate them altogether.
As long as
dogs are homeless on the streets, the idea of a rabies-free India, with
harmonious coexistence between people
and dogs, will be a utopian dream.
Keeping dogs homeless
is bad for dogs, bad for people, and bad for wildlife.
[1] Ahmed Abdulla, Islam teaching, my Islam,https://myislam.org/are-dogs-haram/
[2] Bible verses about dogs, bible study tools(aug.23,2019),https://www.biblestudytools.com/topical-verses/bible-verses-about-dogs/
[3] Devdutt Pattnaik, dogs of the gods, Devdutt(april.28,2019,mid-day),https://devdutt.com/articles/dogs-of-the-gods/
[4] Genevieve K. Croft, The Animal Welfare Act: Background
and Selected Issues, Congressional Research Service(19.july,2022),https://crsreports.congress.gov/product/pdf/R/R47179
[5] legislation.gov.uk,Legislation.gov.uk,12 dec,2022
[6] NDTV,https://www.ndtv.com/noida-news/video-pet-dog-bites-schoolboy-in-apartment-building-lift-in-greater-
noida-3525048, 17 dec, 2022
[7] The times of India,Pet Dog Bites One, Attacks Others;
Owner Booked | Chandigarh News - Times of India (Indiatimes.com),17 dec 2022
[8] Prof Ajay Singh Rawat vs Union Of India & Others on
9 April, 2015
[9] Kavita Prashant Magar vs The Additional
Commissioner ... On 14 September 2016
[10] All India Animal Welfare ... vs Brihanmumbai Municipal
... on 20 April, 2007
[11] Manas Mandar Godbole versus The State
of Maharashtra, 2023 LiveLaw (Bom) 10
[12] NDTV,https://www.ndtv.com/telangana-news/high-court-blames-civic-body-after-hyderabad-boy-mauled-to-d
eath-by-dogs-3807773(last visited april. 2,2023)
Article Information
LAWS RELATING TO DOG BITES IN INDIA. (APPEARANCE AND REALITY)
Authors: KANAD YADAV
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/05/15
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.