The Punjab and Haryana High Court has observed that a constant visit is required by the State authorities and they shall take proactive steps to ensure that the issue of attack by stray dogs is redressed at the earliest within the parameters of the guidelines and the Bye laws.
The Division Bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji disposed of a Public Interest Litigation (PIL) filed seeking a direction to the respondent authorities to keep the cities/villages and roads free from the stray cattle and to ensure free and smooth flow of the traffic on the roads.
Resultantly, a prayer is made that respondent-authorities be directed to keep the stray cattle in Gaushalas, Gausadans and shelter homes run by the State Government for housing cows and their progeny. Compulsory vaccination upon the stray animal has also been prayed for.
The petition was filed in the year 2018. The written statement filed by respondent said that there are total 457 Gaushalas/cattle pounds being run by the State of Punjab and a sum of Rs.22.85 crores have been paid by the Department of Animal Husbandry i.e. Rs.5 lacs per Gaushala. Various steps including creation of separate corpus, setting up of Gaushalas and cattle ponds and carrying out of awareness drives among the residents are stated to have been taken by the State of Punjab. 10 Municipal Corporations and 143 Municipal Councils/Nagar Panchayats have issued notification regarding levy of cow cess and three Municipal Corporations and seven Municipal Councils/Nagar Panchayats are yet to issue the said notification. Regarding the measures of birth control in stray dogs, Animal Birth Control (ABC) programme is being carried out and Urban Local Bodies Department has sterilized about 1,22,360 dogs and the estimated expenditure on this was approximately Rs.9.50 crores.
Municipal Corporation, Ludhiana has set up an Animal Birth Control Centre for speeding up sterilization drives of stray animals and Municipal Corporation, Amritsar is also setting up an Animal Birth Control Centre. The Punjab Municipal Corporation and Municipal (Registration, proper control of stray animals and compensation to the victims of animal attack) Bye-laws, 2020 have also been notified . A policy under the Punjab Compensation to the victims of Animal Attacks or Accidents Policy, 2023 has been also made applicable in the State of Punjab to provide a comprehensive mechanism to give compensation to the victims of accidents/deaths on account of stray animals. An amount of Rs.5 lacs towards compensation on account of death and Rs. 2 lacs towards permanent disability caused by stray animals has been fixed by the State Government .
It has also been mentioned in the reply that various advisories/instructions have been issued to all the Commissioners in the Municipal Corporations in Punjab regarding tying up of reflective radium bands upon the stray animal in a time bound manner as per the directions issued by the Punjab State Road Safety Council vide letter dated 12.03.2021 .
Similarly, vide letter dated 16.03.2021 instructions have been issued to all the Commissioners in Municipal Corporations and the authorities regarding identification of sufficient number of feeding spots for stray dogs in every district and to properly implement the revised guidelines dated 26.02.2015 with regard to pet dogs and street dogs.
Further vide letter dated 21.05.2021 instructions have been issued to implement the guidelines with respect to pet and street dogs. Even Resident’s Welfare Associations and Apartment Owners Associations have also been issued instructions to initiate necessary action for rescue and rehabilitation of stray animal as per the provisions of the Prevention of Cruelty to Animals Act, 1960 and the Municipal Bye-Laws.
Saurav Khurana ,Additional Advocate General, Punjab has also brought to the Court notice the additional affidavit dated 22.09.2023 filed by respondent wherein it is mentioned that to avoid dangerous diseases, which can spread to human beings, vaccination upon stray animals is also kept under watch. The Infected and Controlled Area wise notification has been issued for taking appropriate measures considering the presence of the diseases and the vaccination upon stray animals is to be done by the Veterinary Officers duly appointed in each area. A reference is made to the notification, duty roster of Veterinary Officers and the schedule of vaccination.
Vide order dated 03.08.2023, a Coordinate Bench of the High Court at that time had noticed that keeping in view the reply filed by the respondents whether anything survives in the petition in view of the latest bye-laws.
Keeping in view the categorical stand taken by the State of Punjab in their reply, the Court opined that the purpose of the Public Interest Litigation has been achieved to the extent that necessary guidelines/instructions have been duly notified and issued to the concerned authorities. The Court expected that the State authorities shall keep acting upon them and take positive steps as the issue of stray animals including stray dog attack which is another aspect which the State will keep in mind keeping in view the repeated incidents which are happening.