Andhra HC (Pre-Telangana)
Andhra Pradesh Adimajati Seva Sangham ... vs Guntur Municipal Council And Ors. on 22 November, 1986
Equivalent citations: AIR1987AP193, AIR 1987 ANDHRA PRADESH 193
JUDGMENT Y.V. Anjaneyulu, J.
1. Encephalitis is an acute inflammation of the brain. One form is known as sleepy sickness because of the sleepness that is often a symptom of the disease. Sleepy sickness was first reported in 1917 in Vienna. Over the next seven years it spread throughout the world killing thousands of young fit people. It then died down and disappeared. Some victims of the 1917-24 epidemic derived with severe Parkinsonism. A dozen or so viruses are known to cause various other forms of encephalitis. Most are transmitted by mosquitoes or ticks but these forms are virtually unknown to Western Europe.
2. One form of encephalitis is, what has come to be popularly known as "Japanese Encephalitis". This Japanese Encephalitis virus infection is known to occur in Eastern Siberia, China, Korea, Taiwan, Japan, Malaya, Vietnam, Thailand, Singapore and India. The mosquito Culex Teritaeniorhynchus is the major vector species. It is a mortal mosquito which breeds in rich fields and preferentially bites pigs. The human is an accidental host in the transmission cycle. In several outbreaks of this epidemic, a higher incidence of cases has been reported in children than in adults. The mortality rate varied from 7 to 33 per cent or even higher.
3. Children under fifteen-years old are principally affected by the disease.
4. During the second-half of the year 1979 there was a serious outbreak of the Japanese encephalitis, in various parts of the State of Andhra Pradesh. The epidemic was brought under control on account of the measures taken. It did not appear again until, unfortunately, a sudden out-break of this Japanese encephalitis, commonly known as brain fever, had occurred in September, 1986. The initial reports were that it was in a mild form and a few deaths of children affected by this disease were reported from several Districts in the State of Andhra Pradesh. Soon reports started pouring in that the disease has spread and effected a number of children in various States, including the twin-cities. According to the information given to the Lok Sabha by the Minister of State for Health on 20th Nov. as many as 1,358 persons died due to the Japanese encephalitis throughout the country. Out of this, it is stated, that 367 of these deaths took place in Andhra Pradesh wherein 1,338 persons were affected during the year. It is believed that there is no real cure once a child is affected by this disease. Vaccine has no role to play when the disease takes an epidemic form and it is not recommended as an anti-epidemic measures when the outbreak has occured.
5. The Government understandably felt exercised about this serious outbreak of epidemic in the various Districts of the State and initiated steps to check the spread of epidemic. The Chief measure taken by the Government is to give directions to the authorities to kill all unlicensed pigs straying in unhygienic conditions as they constitute the main source for the transmission of the disease. The result was that immediate steps were and are still being taken to kill pigs. This batch of writ petitions filed by owners of pigs and pig-rearing associations question the justification for the killing of the pigs indiscriminately.
6. The petitioners herein belong to Guntur, Vijayawada, Tenali, Machilipatnam, Tandur, Nellore, Proddatur, Kakinada, Sangareddy and Nizamabad Districts and also the twin cities of Hyderabad and Secunderabad. Rearing of pigs is the only vocation of some Scheduled Tribes, known as Erukula, Pamula, Buda Bukkala etc. They are illiterates. Over the decades they had not been trained in any other vocation so that the families of these Tribes mainly depend for their livelihood upon the rearing of the pigs. They sell pigs, they also sell pig-meat and survive on the income derived by them. They now find suddenly that their only source of income, namely, pigs, are being killed and they all feel that once their means of living is destroyed they cannot survive. In the writ petitions filed they seek directions to the Government, to the Municipal Corporations and to the Gram Panchayats not to kill the pigs, but to initiate immediate steps to move to safer zones the pigs along with the owners.
7. There are statutory provisions concerning the rearing of pigs. S. 510 of the Hyderabad Municipal Corporation Act, 1955 which is also applicable to Corporations at Vijayawada and Visakhapatnam provides that no person shall without the written permission of the Commissioner or otherwise than in conformity with the terms of such permission keep any swine in any part of the State. There is also a prohibition against any person keeping any animal of his so as to be a nuisance or danger to any person. Sub-section (2) of S. 510 confers power to destroy the swines found straying and no claim shall lie for compensation for any swine so destroyed. S. 622 of the Act provides that the written permission to be granted shall specify the period for which and the restrictions and the conditions subject to which the same is granted shall be given under the signature of the Commissioner or of a Municipal Officer empowered to grant the same.
8. There are corresponding provisions in the Andhra Pradesh Municipalities Act, 1965. S. 254 of the said Act provides that no person shall keep any animal on his premises so as to be a nuisance or to be a danger to the public. S. 255 of the Act confers power to destroy stray pigs and dogs. It empowers the Commissioner to give public notice that unlicensed pigs or dogs straying within the specified limits will be destroyed. After giving such notice the unlicensed pigs found straying within such limits can be destroyed. S. 260 provides for the grant of licences where the animals can be kept. The owner shall apply to the Municipal Health Officer for a Licence and the Municipal Health Officer may by an order and under such restrictions and regulations as he thinks fit grant or refuse to grant such licence. Sec. 262 of the Act contains general powers of control over stables, cattle-sheds etc. Section 262 contains provisions regarding the places which may not be used without a licence.
9. S. 97 of the A.P. Gram Panchayats Act, 1964 confers power on the Gram Panchayat to destroy stray pigs and dogs by giving public notice.
10. Broadly speaking the above are the provisions concerning the location of places for keeping pigs. All the enactments provide that the owner of pigs shall obtain licence from the Municipal Corporation/Municipality/Gram Panchayat for locating the pigs at such places as may be acceptable to the authorities concerned and subject to such restrictions as may be imposed. If the persons maintain an establishment of pigs without obtaining such licence from the authorities, it will be open to the authorities to destroy the unlicensed pigs by giving public notice. The owners will not be entitled to claim any compensation for the pigs destroyed.
11. It is fairly conceded that none of the petitioners herein possesses a licence or a written permission to rear pigs in any particular locality. It is also not denied that the pigs freely move about the localities and create unhygienic conditions. They are all unlicensed pigs straying in the limits of Municipal Corporation, Municipality or the Gram Panchayat.
12. As Encephalitis has spread into more districts bringing about a large number of deaths of children the Government obviously issued instructions that all unlicensed pigs which constitute the main source for the transmission of the disease should be destroyed after giving notice. On receiving such instructions the Municipal Corporation and the Municipalities and the gram Panchayats concerned issued notices calling upon the pig-owners to move the pigs outside the limits within 24 hours. The pig-owners were unable to comply with the peremptory directive to move the entire establishments within 24 hours and the result was that the unlicensed pigs straying in the streets are being killed by the authorities.
13. Sri M.S.K. Sastry, leading the arguments on behalf of the counsel for the petitioners addressed a variety of contentions. He urged that the pig-owners who are illiterate and gullible tribals, cannot be denied of their right to live and survive violating Art. 21 of the Constitution of India. It is stated that these pig-owners have been engaged in the business of rearing pigs for several decades and they do not know how to live otherwise. If the pigs owned by them are destroyed, all the pig owners and their families will be denied of their right to survive as their means of livelihood is lost. It is said that all the petitioners had submitted applications to the authorities concerned on more than one occasion to grant written permission and licences to keep the pigs and rear them. But the authorities did not take any action whatsoever. It is submitted that at no point were the petitioners told that they must locate the establishments of pigs in any specified area. It is, therefore, urged that they cannot be thrown out over-night without their being given sufficient opportunity and necessary facilities to move their establishments.
14. It is also urged that it is wrong to consider the pigs as the main source of transmitting the disease. It is pointed out that it is really the mosquito culex which is the major vector species. These mosquitoes bite large domestic animals and also feed on birds and human beings. It is, therefore, submitted that it would be wrong to consider that pig and pig alone is the main source for the transmission of the disease. It is urged that the mosquito is the real villain of the peace and unless the growth of mosquitoes is controlled the killing of the pigs serves no purpose.
15. Learned Government Pleader Sri N. V. Surya Narayana Murthy, learned counsel for the Municipalities Sri Venkata Reddy and the learned counsel for the Hyderabad Municipal Corporation submitted that over the years the petitioners showed callous indifference to move into safe localities for rearing pigs, and they had no right to locate pig-compounds in the midst of thickly populated areas and allow the pigs to freely move about endangering human life. It is said that in view of the rapid increase of the epidemic throughout the State the Government have no alternative but to direct the killing of all unlicensed pigs.
16. We have given our careful consideration to the various contentions urged by the learned counsel for the petitioners. In a case like this, we are not willing to uphold the objections raised on the constitutional validity of the action taken. Art. 21 of the Constitution cannot be interpreted to assure survival of the means of living of the petitioners ignoring the dangerous consequences felt in the society resulting in the death of precious young children. Public interest demands that this court ought to uphold any action taken by the Government to ensure that the disease is not spread causing death of young children. Whether or not the pig is the main source of transmission of the disease, it is clear that the mosquitoes biting the pigs carry the infection and transmit the same to human beings. While no serious danger is caused to adults, children are greatly susceptible to the mosquitoes transmitting the virus. Medical history clearly shows that once the virus is transmitted to the children below 15 years of age it spreads in a virulent form causing immense damage to the brain. It is, therefore clear that there is no cure and sooner or later the child has to die. It is, therefore, imperative that the Government takes steps to arrest the rapid growth of the epidemic. To serve the avowed cause of sustenance of a few persons rearing pigs, we cannot permit misery to be inflicted upon the society. We must, therefore, uphold the steps taken by the Government in directing the killing of the unlicensed pigs to save the precious lives of young children.
17. But then, there are certain aspects of the matter causing distress to us. It is absolutely true that a few people belonging to the Tribal communities, which we have already specified above, engage themselves in this vocation or occupation of rearing the pigs. Over the decades, these pig owners, with impunity, left the pigs to stray in the streets of cities, towns and villages causing unhygienic conditions. Representations have been made by civilians to the Government to regulate this menace and it is unfortunate that the Government took no steps whatsoever and remained indifferent. At any rate, learned Government Pleader and other Counsel appearing for the Municipalities did not bring to our notice that any steps were taken by the Government to regulate the location and rearing of pigs in specified areas without endangering human safety. The petitioners placed before us copies of the applications made by them seeking written permissions and license as required under law. We are told that there was no response whatsoever from the authorities concerned. The result was that the pig-owners went on making applications for licences and written permissions, the authorities were indifferent and mutely watched the pig straying into the various localities of the cities, towns and villages and suddenly found themselves in a predicament when a dangerous situation has developed by the spread of encephalitis. This court had occasion to consider this question when the encephalitis struck in the second-half of the year 1979. At that time also innumerable petitions were filed by the pig-owners complaining the indiscriminate killing of unlicensed pigs. The matter was considered at length in S. Narayana v. M.C.H. (1980) 1 APLJ 335. Faced with a similar situation of danger to human life, this court had upheld the various steps taken by the Government, but cautioned the Government to take care for the future. It will be relevant to extract the following observations from the aforesaid judgment of this court in para 18 of page 346 :
"We have already stated in writ petitions dealing with the Municipalities that various pig owners in the Municipalities are carrying on their trade without the authorities insisting upon their having a licence all these years and most of them are illiterate persons belonging to Scheduled Tribes, Scheduled Castes and weaker sections. Our observations regarding Municipalities apply with greater force to the Municipal Corporation of Hyderabad which has a duty to see that the owners of the pigs should obtain licences and carry on their trade according to the provisions of this Act. Without insisting on such licences all these years, if suddenly the authorities wake up when there is scare of epidemic once in several years and try to enforce the provisions of the Act it would cause considerable hardship to the owners of the pigs who are mostly poor illiterate people belonging to Scheduled Tribes. It is the duty of the Corporation authorities to educate these people and see that they should obtain licences and confirm to the provisions of the Act. We have no doubt that while exercising the powers conferred by the Act the Municipal authorities will bear in mind the illiteracy of the pig owners and exercise their powers only when it is absolutely necessary and unavoidable. The sudden outburst of activity on the part of Corporation authorities in seizing and destroying pigs smacks of playing to the gallery and may for the menace create a fleeting impression in the minds of the public that the corporation is waging a determined war against the dreadful disease. But the real need is for a systematic effort on the part of the corporation to see that the owners of pigs obtain licences and keep their pigs in clear premises and prevent them from straying. It is of greater importance that they should make a massive effort to eradicate the mosquitoes menace in the city which is increasing at an alarming rate."
The caution administered by this court had obviously little effect on the Government. We are not surprised if it is totally disregarded. It is clear that no endeavour is made by the Municipal Corporations, Municipalities and Gram Panchayats, to educate these pig-owners and to give appropriate facilities for the rearing of the pigs outside the city limits. Counsel for all the petitioners agreed before us that the petitioners and other pig-owners are only too willing to move to any place or places that may be provided for the purpose either by the Municipal Corporations, Municipalities and Gram Panchayats or for that matter by the Government. We do not think that any useful purpose will be served by our delving deep into the matter. Bearing in mind all aspects, we give the following directions for immediate compliance and implementation by the State Government, Municipal Corporations, Municipalities and Gram Panchayats :
1) The Government on its own and by issuing appropriate directions to the Municipal Corporations, Municipalities and Gram Panchayats, identify places outside the limits of the cities, towns and villages for locating the pig-
establishments.
2) It is desirable to identify 3 or 4 alternative places and give the choice of selection to the pig-owners to move into;
3) As far as possible the areas should be identified within a distance of 3 to 5 Kms. from the end of the Municipal or Panchayat limits and the places selected should be such as would ensure proper surroundings for the survival of the pigs.
4) Specific extents of land, whether it is waste-land, poramboke or otherwise may be allotted to the petitioners and other pig-owners either on payment of a specified lease amount or may be sold to them on such terms as may be found mutually acceptable.
5) Once the areas are identified and the petitioners and other pig-owners make a choice they must be allowed to move into the respective places within three days. All possible help should be rendered to them to move out as it is not only a question of moving the pig establishments outside, but even the owners have to move their residences to be in the close vicinity of the areas where the pig establishments are located.
6) The petitioners and other pig-owners should be asked to make applications for written permissions or licences and the authorities concerned should grant written permissions or licences within one week from the date of receipt of the applications in accordance with law.
7) In order to establish that a pig has licence, it is desirable that the authorities concerned supply to the pig-owners tokens to be hung around the neck of the pigs so that any pig not having a token around its neck shall be considered to be an unlicenced pig and it will be open to the Government to destroy the same.
8) Periodical supervision should be made by the authorities concerned to satisfy themselves that licensed pigs are not straying into the city, town and village limits.
9) The petitioners and other pig owners should be educated about their obligation to rear the pigs in a proper manner and comply with the statutory formalities.
18. Until the above exercises are fully done the petitioners and other pig- owners are warned to confine their pigs at the existing places fully enclosing them without giving any possibility of their pigs straying outside. The petitioners shall clearly understand that if they do not hold the pigs in tact in closed campuses until the Government takes the aforementioned steps the authorities are entitled to destroy the pigs. If the petitioners and other pig-owners scrupulously comply with these directions the authorities concerned should not enter the closed campuses within which the pigs are held and destroy them.
19. While we are fully conscious that the above steps indicated by us will in the ordinary course take sometime to accomplish, we are at a stage where we cannot spend much time in the routine red-tape. The Government, Municipal Corporations, Municipalities and the Gram Panchayats are, therefore, directed to initiate action on the lines indicated above forthwith and ensure that the entire exercise is completed within two weeks from today.
20. All the writ petitions are disposed of with the aforesaid directions. There shall be no order as to costs. Counsel's fee Rs. 200 in each.
21. Order accordingly.