Kerala High Court
Ashwini Shanker vs Union Of India (Deleted) on 24 September, 2020
Bench: S.Manikumar, Shaji P.Chaly
W.P.C.14978/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF SEPTEMBER 2020 / 2ND ASWINA,
1942
WP(C).No.14978 OF 2020(S)
PETITIONER/S:
ASHWINI SHANKER
AGED 35 YEARS
W/O.PREM KISHAN, FLAT NO.19-D, DUKES, SKYLINE
IMPERIAL GARDENS, PALARIVATTOM, ERNAKULAM,
KERALA-682025.
BY ADVS.
SRUTHY N. BHAT
SHRI.SETHULAKSHMI K.K.
RESPONDENT/S:
1 UNION OF INDIA (DELETED)
REPRESENTED BY ITS SECRETARY, GOVERNMENT OF
INDIA, NEW DELHI-110001.
2 THE MINISTRY OF ANIMAL HUSBANDRY, (DELETED)
DAIRYING AND FISHERIES REPRESENTED BY ITS
SECRETARY, KRISHI BHAVAN, NEW DELHI-110001.
RESPONDENT NOS.1 AND 2 ARE SUO MOTU DELETED
FROM PARTY ARRAY AS PER ORDER DATED 23/07/2020
IN WPC NO.14978/2020.
3 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
W.P.C.14978/2020 2
4 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, ANIMAL HUSBANDRY
DEPARTMENT, VIKAS BHAVAN, PALAYAM,
THIRUVANANTHAPURAM-695033.
5 ANIMAL WELFARE BOARD OF INDIA,
REPRESENTED BY ITS SECRETARY, NATIONAL
INSTITUTE OF ANIMAL WELFARE CAMPUS P.O.
VILLAGE-SEEKRI, BALLABHGARH, FARIDABAD,
HARYANA-121004.
6 DISTRICT COLLECTOR,
ERNAKULAM DISTRICT, COLLECTORATE, KAKKANAD,
ERNAKULAM-682030.
7 THRIPUNITHURA MUNICIPALITY,
REPRESENTED BY SECRETARY, LAYAM ROAD,
THRIPUNITHURA, ERNAKULAM-682031.
R3-5 BY SRI.K.V.SOHAN, STATE ATTORNEY
R5 BY SMT.M.U.VIJAYALAKSHMI, SC, ANIMAL
WELFARE BOARD OF INDIA
R5 BY ADV. SRI.K.JAJU BABU (SR.)
R5 BY ADV. SMT.M.U.VIJAYALAKSHMI
R7 BY ADV. SRI.C.V.MANUVILSAN, SC,
TRIPUNITHURA MUNCIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.09.2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.C.14978/2020 3
JUDGMENT
Manikumar, CJ Petitioner is stated to be a public spirited person and a founding member of Oneness Charitable Trust, a non-profit organization, working in the field of rescue and rehabilitation of animals, especially street dogs. He, along with other members of the organization, were in the forefront of animal rescues, during 2018 flood. In this backdrop, he has preferred this Public Interest Litigation, being aggrieved by the negligent and careless handling of the street dogs, in the guise of the Animal Birth Control (Dogs) Rules, 2001.
2. Petitioner has further stated that Thripunithura Municipality had flagged off the ABC surgery facility at the Government Veterinary Hospital, Thekkumbhagam, Thripunithura. On 06.07.2020, he was informed of a dog, which had a surgical cut on its scrotum and pus formation. Petitioner and the other members of the organization rescued the dog on 07.07.2020 and thereafter, took it to a veterinary Doctor, where the dog was treated, and then discharged to his care. Upon on enquiry, petitioner found that the dog was taken for ABC surgery.
3. Petitioner has further stated that on 07.07.2020, a female dog was found with its intestines protruding from its stomach, by the local W.P.C.14978/2020 4 people, who had been feeding this dog for the last six years. The veterinary Doctor confirmed that the dog underwent ABC surgery and the surgeon had failed to close the incision properly, which resulted in the protrusion of intestine through the abdominal walls. Even though the veterinary Doctor did a corrective surgery and appropriate treatment was given to the dog, the dog unfortunately died on 10.07.2020.
4. The petitioner has further stated that the Animal Birth Control (Dogs) Rules, 2001 articulate in detail, the manner in which the entire ABC process has to be commenced and also about the personnel, who shall be involved in the matter. It is pertinent to note that obligation of running the program has been entrusted with the local Authority by ABC rules, which further mandates the local authority, to constitute a Monitoring Committee, which specifies for people from seven different fields to be a part of the team.
5. Rule 2(e) of the rules defines "local authority" to mean "municipal committee, district board, or other authority, for the time being invested by law with the control and administration of any matters within a specified local area." Rule 5 of the rules talks about the functions of the committee, which ranges from planning and management of the ABC program, in accordance with the ABC rules, to W.P.C.14978/2020 5 issue instructions for catching, transportation, sheltering, sterilization, vaccination, treatment and release of sterilized vaccinated and treated dogs to create public awareness and solicit co-operation. The rule further directs the committee to get public notice of their activities by the announcements and advertisements. Rule 6 of the rules confers several duties on the local authority and Rule 7 speaks about the methods and procedures to be followed in capturing, sterilization, immunization and release of the dogs, after the birth control surgery is performed on them.
6. Petitioner has further stated that though the rules were enacted in 2001, even after the lapse of nineteen years, no Monitoring Committee has been constituted so far, and it is submitted that the local authority, on whom lies the obligation under the ABC Rules to run the program, have delegated the entire process to the Kudumbasree Unit.
7. Petitioner has further stated that the members of the Kudumbasree unit have no qualification under the rules, to perform the ABC, nor they are authorized to do the same. The members of the Kudumbasree conduct ABC on the dogs in a most unscientific and careless manner, often leading to loss of their lives. According to the petitioner, the Central Government have enacted ABC Rules in exercise W.P.C.14978/2020 6 of their power conferred under Section 38(1) and (2) of the Prevention of Cruelty to Animals Act, 1960.
8. Petitioner has further stated that the improper disposal of the carcass of the dogs dying on the street, pursuant to the negligent surgery conducted on them, causes health hazards, especially at a testing time like now, when the entire globe is trying to remain as healthy and as hygienic as possible.
9. In the above circumstances, petitioner has filed this writ petition for the following prayers:
"(i) Issue a writ of mandamus or such other writ, order or direction, directing the Thripunithura Municipality, respondent No.7, to constitute a Monitoring Committee, as per the Animal Birth Control (Dogs) Rules, 2001, as expeditiously as possible, within a time frame to be fixed by this Court.
(ii) Issue a writ of mandamus or such other writ, order or direction, directing the 7th respondent Municipality, to perform the Animal Birth Control, after complying with the requisites under the Animal Birth Control (Dogs) Rule, 2001.
(iii) Issue a writ of mandamus or any other writ or direction to all local authorities of the State of Kerala, in the nature of directing them to form a Monitoring Committee, comply with the necessary requisites, and W.P.C.14978/2020 7 all other obligations under the Animal Birth Control (Dogs) Rules, 2001.
(iv) Issue a writ of mandamus or any other writ or direction in the nature thereof directing the respondents to discharge their executive, statutory and all other obligations in conducting and performing the ABC on the street dogs."
10. A statement has been filed by the 7 th respondent Municipality, wherein it is stated that as regards the 1 st prayer sought for by the petitioner in the writ petition, there is already a Monitoring Committee under the Act and it is functioning there effectively. That apart, on the basis of the written instructions received, the following facts were submitted for perusal.
A. The 7th respondent has allocated an amount of Rs.5,25,000/-
in the Financial Year 2018-19 and 2019-20, for sterilization of stray dogs.
B. As per the Government Order vide GO No. 1450/ 17/ LSGD dated 05.05.2017, this amount was deposited into the account of Ernakulam District Kudumbasree Mission. C. Ernakulam District Kudumbasree Mission is the implementing agency, which had undertaken to sterilize around 280 stray dogs in the Thripunithura Municipality and out of these 280 stray dogs, 250 were successfully sterilized. D. In this concern, the Utilization Certificate was submitted before the Municipality.
W.P.C.14978/2020 8C. The ABC Monitoring Committee of the Municipality, which was been sought to be constituted in the 1 st prayer, had conveyed its full satisfaction in this sterilization drive. E. During the ongoing process of sterilization, a stray dog got infected and roamed around; and this matter was reported by the newspaper whereby it was requested to subject the stray dog to treatment.
F. But, despite laborious search by the Kudumbasree authorities and Municipal authorities the dog could not be located after which it was informed to the Municipality that a woman named Ms. Sreelatha insisted that she personally would treat the injured stray dog at another establishment, cost of which was to be borne by the Municipality.
11. That apart, the 7th respondent has stated that in the ABC Monitoring Committee meeting convened on 10.07.2020 in the Municipality, certain instructions were given, to be followed while capturing, sterilizing and treating street dogs. It was decided that ordinarily, when a stray dog was captured, it would be released in the place where it resided, after it was subjected to sterilization, followed by subjecting the dog to observation, for three days. But, due to monsoon, the wound on a stray dog took more time to heal whereby, the dog suffered itching resulting in the stitches on the dogs getting untangled. In this context, it is submitted that this was the only case among the W.P.C.14978/2020 9 530 dogs sterilized and the representative from SPCA advised the institution as not to sterilize the dogs during monsoon. Following this advice, the process was kept in abeyance and Kudumbasree Mission, Ernakulam, was advised to withdraw from further fund allocation, towards the sterilization process for the reason that such incidents would not be repeated in the near future.
12. It is further stated that vide report of Justice Siri Jagan Committee, an amount of Rs. 5,91,072/- towards compensation, was allocated to Mr. Gopalakrishnan and Mr. Vijayan Karukayil, who had sustained damage from stray dog attack, within the Municipality area. The attack of stray dogs to the people, inter alia, children, is a common phenomena within the State of Kerala. Respondent Municipality is also not at all an exception. The ongoing threat caused by the stray dogs has resulted in irreparable injuries and hardships to the life of several innocent citizens and thereby caused irreparable injuries and hardships. Hence, it became inevitable for the State, to bring these stray dogs under control, so as to cause no threat to the life of citizens.
13. Thripunithura Municipality, respondent No.7, has further stated that the right guaranteed under Article 21 of the Constitution of India unambiguously declared that no person shall be deprived of his W.P.C.14978/2020 10 life, except through the procedure established by law. As declared by the Hon'ble Supreme Court of India, the term "Life" means something more than mere animal existence. Under these circumstances, the benign Government have issued several orders, as per which, the Government have ordered the Municipalities to handover this task to the well-trained Kudumbasree Missions and the 7th respondent Municipality also has complied with the said direction.
14. Accordingly, the 7th respondent Municipality has deposited the fund for implementation of the Animal Birth Control Programmes in the name of Kudumbasree Mission, Ernakulam, after executing an agreement in this concern. In this context, it is stated that Kudumbasree Mission has taken the full responsibility for the said tasks and had completed their tasks successfully, and the same were subjected to the strict scrutiny of the said ABC Monitoring Committee constituted under the Statute.
15. On 23.07.2020, we granted time to the learned Senior Government Pleader, to get instructions as regards the constitution of the Monitoring Committees in other local bodies. We also directed Mr. C. V. Manuvilsan, learned standing counsel appearing for the 7 th respondent Municipality, to file documents supporting the statement already filed. W.P.C.14978/2020 11
16. Subsequently, a counter affidavit dated 17.08.2020 has been filed by the Secretary of 7th respondent Municipality, along with certain documents. In the counter affidavit, the 7 th respondent has contended that there is already a Monitoring Committee, constituted under the Statute, and it is well functioning efficiently and with due care, as evident from Exhibit-R7(a) report dated 10.07.2020. Further, as per Exhibit-R7(b), the 7th respondent has completed sterilization of 250 stray dogs, by using Rs.5,25,000/- towards the ABC Project.
17. The 7th respondent has further contended that as per communication No. PW3-14/ 19 dated 18.5.2020 [Exhibit-R7(c)], the 7 th respondent informed the District Mission Coordinator of the Kudumbasree District Mission, Ernakulam District, regarding the deposit of the ABC Project Amount, with an instruction to submit the project completion certificate to the 7th respondent, together with the utilization certificate and such other documents. Thereafter, vide Exhibit-R7(e) Agreement No.1/2019 dated 16.09.2019, the 7 th respondent Municipality had entered into an agreement with Kudumbasree, Ernakulam DMC, in compliance of the Government Order NO.1450/2017/LSGD, so as to solve the stray dog issue, in nexus with ABC Project.
18. Seventh respondent has further contended that the ABC W.P.C.14978/2020 12 Project, which was the Annual Project of the 13 th Five Year Plan, was conducted at the ABC Centre of the 7th respondent from 25.06.2020 to 04.07.2020 and it was implemented through Kudumbasree ABC Groups, and in nexus with the said project, a total number of 250 Stray dogs were subjected to sterilization at Thripunithura Centre. Exhibit-R7(f) is the certificate issued by the Senior Veterinary Surgeon, Veterinary Hospital, Tripunithura together with the consolidated report.
19. It is further contended that on receipt of the present writ petition, Secretary of the 7th respondent has issued Exhibit-R7(g) communication dated 28.07.2020 to the Ernakulam District Coordinator of Kudumbasree Mission, wherein the 7th respondent has called for a report regarding the sterilization process, details of the units employed for capturing and sterilizing the stray dogs, qualifications of those units employed, timeline of the events and processes, report regarding the nature of care, information related to the works done by the institutions, a report as to whether any sort of dereliction of duty from the side of anybody is involved in the project, together with their detailed explanations, if any, before the Municipality.
20. In reply to the above communication, the District Mission Coordinator of the Kudumbasree vide letter No.1169/ADMC 3/2020 W.P.C.14978/2020 13 KSFKM dated 29.07.2020 [Exhibit-R7(h)] has submitted a report, together with the reports obtained from the Doctors involved in the project. Exhibit-R7(j) is the qualification certificates of the Veterinary Surgeons produced along with Exhibit-R7(i) explanation dated 29.07.2020, submitted by the Veterinary Surgeons of "Be Proud"
Kudumbasree Unit of Ernakulam district.
21. Respondent No.7 has further contended that a mere perusal of Exhibits-R7(h) and R7(i) shows that sterilization process are being conducted under the supervision of Senior Veterinary Surgeon in Tripunithura Government Veterinary Hospital, wherein those stray dogs are being treated and cared during the Post-Surgery period. Thereafter, as per the guidelines, the stray dogs would be released at the same place from where they were captured. No dogs would be released without examination by the Senior Veterinary Surgeon and the respective ward counsellors would also attest the time when those dogs are captured and released. Further, the 7 th respondent has detailed in the counter affidavit about the details of sterilization of 250 street dogs in Tripunithura Municipality, and the number of dogs subjected to sterilization process, concerning health issues. In such circumstances, 7 th respondent prayed for dismissal of the writ petition.W.P.C.14978/2020 14
22. The documents filed in support of the counter affidavit filed by the 7th respondent are extracted hereunder:
(i) Ext.R7(a) report of the ABC Monitoring Committee dated 10.07.2020 signed by the members therein, reads thus:
"MONITORING COMMLTTEE REPORT The Tripunithura Municipality is reporting its responsibility in completing the sterilization of stray dogs as per the ABC Plan in the Financial Years 2018-19, 2019-20 and presenting the instructions and inferences from the processes.
(1) The sterilization of 280 stray dogs in the year 2018-19 was completely successful.
(2) The Committee ordered a set of instructions to be obeyed regarding the spread of the news on the incident Where 3 stray dogs were affected with infections among the 250 stray clogs sterilized in the year 2019-20.
(3) The Municipality has found the existence of around 5000 stray dogs in the Municipality for which, the Kudumbasree Mission has to confirm after conducting a random check. (4) The ABC Monitoring committee has inferred that even though the reduction of number of stray dogs to zero is impossible task the committee is confident in reducing the number of stray dogs for many years on proper implementation of ABC Plan. (5) The Committee has inferred that sterilization of dogs during monsoon season causes serious health problems. (6) It is to be ensured that post-sterilization, the dogs are to be released into clusters from which they were caught. (7) Both male and female stray dogs are to be subjected to sterilization.
(8) The dogs must be released only after the healing of all Wounds post-sterilization.
(9) The committee has instructed that the strays dogs must be subjected to sterilization and their population must be controlled only after categorizing them under "Street Protectors".W.P.C.14978/2020 15
This process which had been continuing since last three years, has been well appreciated by the S.P.C.A Representative and instructed to continue sterilization of stray dogs in the coming years, in an effective manner.
Municipal Secretary
Tripunithura Municipality
Sl. No. MEMBErs SIGNATURE DATE
1 DR. PREMRAJ,SENIOR 10.07.2020
VETERINARY SURGEON,
THRIPPUNITHURA
2 DR. FIDHA LATHEEF A.
(ABC VETERINARY
SURGEON)
3 RAJANI CHANDRAN
4 BIJIR M.M.
5 K.G. SATHYANANDAN
6. K.G. BIJU
7. P.C. RAJEEV
8. SAJEEV
9. DR. RANJINI CHANDRAN
Sd/-
MUNICIPAL SECRETARY
TRIPUNITHURA MUNICIPALITY"
(ii) Ext.R7(b) Certificate dated 22.07.2020 issued by the 7 th
respondent, reads thus:
"Dated: 22.07.2020
CERTIFICATE
Tripunithura Municipality has utilized Rs.5,25, 000/- in completing the sterilization of 250 dogs in the Financial Year 2019-20 under the A.B.C Plan, whereby it has been instructed to carry on with the necessary instructions in the future.
Sd/-
Municipal Secretary Tripunithura Municipality"
W.P.C.14978/2020 16
(iii) Ext.R7(c) communication No.PW3-14/19 dated 18.05.2020, together with English translation reads thus:
"From:
Municipal Secretary Tripunithura Municipality To:
District Mission Co-ordinator District Kudumbasree Mission, Ernakulam.
Respected Sir, Subject: Tripunithura Municipality-Depositing money in ABC Plan- regarding the availability of Process Completion Report. Reference: (1) DPC Recognition for 2019-2020 Annual Plan SO-14- 2019.
(2) Contract Agreement No.1 /2019 dated 16/ 09/ 2019 as per LSGD Government Order No.1450/2017 of 05/05/2017.
(3) Amount of Rs. 5,25,000/- deposited into Union Bank of India Account No. UBIN0528540 A/C No. 385402010061958 bearing UTR.No.U000000 783172190 form the Tripunithura Sub Treasury. on 30/04/2020.
Amount has been deposited into your account through Tripunithura Sub Treasury for sterilizing 250 stray dogs in the Municipality area included in the Tripunithura Municipality 2019- 2020 Annual Plan SO-14/2019 in the ABC as per Ref. No. 3. Even though Contract was entered into for this purpose as per Ref. No.2, and though the bill was submitted, the amount could only be realized on 30.02.2020 due to the inconvenience in transferring amount more than Rs.5,00,000/- from the treasury.
It has been preferred that immediate production of Utilization Certificate and other documents must be submitted to W.P.C.14978/2020 17 the Municipality in furtherance of the 2018-2019 CAG Audit Report and the ABC Monitoring Committee report which suggested for the sterilization of female stray dogs.
Municipal Secretary Tripunithura Municipality"
(iv) Ext.R7(d) treasury statement annexed along with Exhibit-R7(c) communication by the 7th respondent, reads thus:
Tripunithura Municipality W.P.C.14978/2020 18
(v) Ext.R7(e) Agreement No.1/2019 dated 16.09.2019, between the 7th respondent and the Kudumbasree Ernakulam DMC along with English translation reads thus:W.P.C.14978/2020 19
(vi) Ext.R7(f) certificate issued by the Senior Veterinary Surgeon, Veterinary Hospital, Tripunithura reads thus:
"CERTIFICATE The 13th Five Year Plan of the Tripunithura Municipality, the 2019- 2020 Annual Plan A.B.C Plan was conducted in the A.B.C. Centre, Tripunithura Municipality from 25.06.2020 to 04.07.2020. The Plan implemented vide Kudumbasree A.B.C Group captured a total of W.P.C.14978/2020 20 250 (Two Hundred and Fifty) stray dogs which were subjected to surgery at the Tripunithura Centre.
Sd/-
SENIOR VETERINARY SURGEON, VERETINARY HOSPITAL, TRIPUNITHURA"
(vii) Ext.R7(g) communication dated 28.07.2020 issued by the 7 th respondent to Ernakulam District Coordinator of Kudumbasree Mission reads thus:
"File Number: PW-789/2020 Date: 28.7.2020 From, Municipal Secretary Tripunithura Municipality.
To, District Co-ordinator District Kudumbasree Mission, Ernakulam.
Sir, Subject: Tripunithura Municipality - A.B.C Plan - Regarding the Explanation on impediment faced in the process implementation.
Reference: WPC No.14978/2020 before the Hon'ble High Court of Kerala.
A contract has been entered with your office which is the execution agency for the A.B.C Plan in the Municipal Year 2019-20 whereby Rs.5,25,000/- has been deposited in this regard. A case has been filed before the Hon'ble High Court of Kerala where the Municipality has been arraigned as the 7 th respondent whereby 4 stray dogs died among the 250 stray dogs sterilized in the Municipality through the Be Proud Kudumbasree Unit. The Municipality has seen this as a serious failure in the implementation process by your department.W.P.C.14978/2020 21
Whereby, you are requested to submit Report regarding the process, details regarding the units employed for capturing and sterilizing the stray dogs, qualifications of the units employed, timeline of the events and process, report regarding the care of the dogs, other agencies for which your department has worked in this regard, inclusive of the detailed report stating any kind of lapses occurred in the implementation process for proceeding with the case before the Hon'ble Court.
Truthfully Municipal Secretary Tripunithura Municipality"
(viii) Ext.R7(h) letter No.1169/ADMC 3/2020 KSFKM dated 29.07.2020 sent by the District Mission Co-ordinator to the Secretary of Tripunithura Municipality reads thus:
"From District Mission Co-ordinator To The Secretary, Tripunithura Municipality Subject: Kudumbasree Ernakulam -- Explanation Regarding the implementation of the ABC Plan.
Reference: 1. Letter No. PWD 3-789/2020 dated 28.07.2020.
2. Government Order G.O. (Ordinary) No.1450/17/LSGD dated 05.05.2017.
3. Letter from the Municipal Secretary P.W 14/19 dated 18.05.2020 Attention is invited to the references. As per Reference No.2 Government Order, from the Financial Year 2017-18, ABC Plans have been implemented through the ABC Units under Kudumbasree District Mission, Ernakulam. 13,222 stray dogs have been subjected to sterilization through the four ABC Units trained under the W.P.C.14978/2020 22 Municipality in the Financial Years 2017-18, 2018-19, 2019-20. The Veterinary Doctors Empanelled by the District Kudumbasree Mission implements the sterilization process in the units. These Kudumbasree missions have else been trained in capturing these street dogs.
Vida Reference No.3, Rs.5,25,000/- was disbursed to the Account of the District Kudumbasree Mission following which a Work Order was assigned to a Unit called Be Proud on 18.06.2020. From 25.06.2020 to 04.07.2020, the Mission has conducted the sterilization process under the supervision of Senior Veterinary Surgeon in the Tripunithura Government Veterinary Hospital. The stray dogs are treated in the Government Hospital itself post surgery. The stray dogs are released in the places from which they were captured. The Doctor has instructed to list out the dogs needing extra care and inform the same to the Kudumbasree Units. The dogs were released only after the examination by the Senior Veterinary Surgeon, Government Veterinary Hospital, Tripunithura. The respective ward councilors attest each time the dogs are captured and released. The report of the Doctors, who conducted the sterilization and the explanation report from the Kudumbasree Units have been attached herewith.
Faithfully, District Mission Co-ordinator"
(ix) Ext.R7(i) explanation dated 29.07.2020 given by the Veterinary Surgeon of "Be Proud" Kudumbasree Unit of Ernakulam District reads thus:
"From Date: 29.07.2020
The Veterinary Surgeon,
Be Proud Kudumbasree Unit
Ernakulam
To
District Mission Co-ordinator
District Kudumbasree Mission
Ernakulam.
W.P.C.14978/2020 23
Sir,
Subject: Explanation regarding the Implementation of ABC Plan Reference: Letter No. PW3-789/20 from the Tripunithura Municipal Secretary.
Dr. Cathleen Canonvaz, Dr. Fidha Latheef A., Dr. Ashik Hameed M.H. conducted the sterilization of 250 street dogs in the Tripunithura Municipality under the supervision of Senior Veterinary Surgeon and under Be-Proud' ABC Unit in the Government Veterinary Hospital, Tripunithura from 25.06.2020 to 04.07.2020.
The Registered Doctors under Kerala State Veterinary Council (KSVC) conducted the surgeries as per the protocol mentioned by World Veterinary 'Society (WVS). The dogs were subjected to anaesthesia and the surgeries were conducted in proper scientific, germ-free manner without providing a chance for any kind of lapses.
As per the WVS Protocol, a 1-1.5 inch incision was inserted mid-ventrally conducting Ovario Hysterectomy (OHE). Using Catagut, Ovarian-Cervical Stamps were safely legated following which polygatin 910 suture material was used to suture the muscle- peritonium layers through simple continuous way, sub-cuticular layer was sutured in sub-cuticular pattern; the skin was sutured in intradermal pattern along with usage of Aberdeen Knot for burying and closing the incision made. After administering vaccination for rabies, the strays were nurtured with administration of Antibiotic Pain-Killers and Antibiotic Sprays to be administered outside.
For Male Dogs, testicles were removed after Scrotal or Pre- Scrotal Incisions. They were also administered Anti-Rabies Vaccine, Antibiotics for 3 days, Antibiotic Pain-Killers and Antibiotic Sprays to W.P.C.14978/2020 24 be administered outside. In these three days none of the 250 dogs subjected to the process showed any kinds of health issues. 11 dogs were subjected to sterilization on 25.06.2020. 37 dogs were subjected to sterilization on 26.06.2020. 52 dogs were subjected to sterilization on 27.06.2020. 24 dogs were subjected to sterilization on 28.06.2020. 39 dogs were subjected to sterilization on 29.06.2020. 28 dogs were subjected to sterilization on 30.06.2020. 20 dogs were subjected to sterilization on 01.07.2020. 14 dogs were subjected to sterilization on 02.07.2020. 25 dogs were subjected to sterilization on 04.07.2020. Among the 250 Stray Dogs sterilized in the Municipality, Dr. Cathleen Canonvaz sterilized 111 Dogs, Dr. Fidha Latheef sterilized 80 dogs and Dr. Ashik Hameed M.H sterilized 59 dogs."
23. On the basis of the instructions received, Mr. K. V. Sohan, learned State Attorney, submitted that except a few Panchayats in Alappuzha, Ernakulam, Malappuram, and Palakkad districts (total 148 Panchayats) in the State and in other Urban areas, in all other districts, Monitoring Committees have been constituted by the Panchayats. He further submitted that, within a period of two months time from today, such Monitoring Committees, as contemplated under the Animal Birth Control (Dogs) Rules, 2001, would be constituted in the remaining Panchayats/local bodies. The communication addressed by the Principal Secretary to Government, Local Self Government (RC) Department dated 23.09.2020, and the lists attached thereto, are extracted hereunder: W.P.C.14978/2020 25
"GOVERNMENT OF KERALA Local Self Government (RC) Department 23/09/2020, Thiruvananthapuram No. RC3/269/2020/LSGD From The Principal Secretary to Government To The Advocate General, Ernakulam, Kerala Sir, Sub: WP(C) No.14978/2020 filed by Smt. Ashwini Sankar before the Hon'ble High Court-List of Monitoring Committees under ABC rules-reg.
Ref:- 1) Letter dtd. 20.09.2020 of even number.
2) Report No. DC 5-14362/2020 dated 23.09.2020 from the Director of Urban Affairs.
3) Report No. PAN/10468/2019-C8(DP) dtd.
23.09.2020 from the Director of Panchayats. Kind attention is invited to the reference cited. Information in respect of the formation of Monitoring Committees under Animal Birth Control (dogs) Rules, 2001, which was called with reference to the letter under reference (1) was received from the Director of Urban Affairs and the Director of Panchayats as per reference (2) & reference (3) respectively. The list of Urban Local Bodies which constituted Monitoring Committees, the list of Urban Local Bodies where Monitoring committee are not constituted and the list of Monitoring committees from panchayats are listed below.
List of Urban Local Bodies Constituted Monitoring Committee Sl.No. Name of District Name of Urban Local Body
1. Thiruvanathapuram Thiruvananthapuram, Nedumangad, Attingal, Varkala
2. Kollam Kollam, South Paravur, Punalur, Kottarakkara, Karunagappally
3. Pathanamthitta Pathanamthitta, Thiruvalla, Adoor, Pandalam W.P.C.14978/2020 26
4. Alappuzha Alappuzha, Kayamkumam
5. Kottayam Kottayam, Vaikom
6. Idukki Kattappana, Thodupuzha
7. Ernakulam North Paravur, Koothattukulam, Thrippunithura, Aluva, Angamaly, Piravom, Perumbavoor, Muvattupuzha, Thrikkakkara Thrissur Thrissur, Chalakkudy, Irinjalakkuda, Kodungallur, Guruvayur, Chavakkad
9. Palakkad Shornur, Cherppulassery, Mannarkkad, Chittur, Thathamangalam
10. Malappuram Malappuram, Manjeri, Tirur, Kondotty
11. Wayanad Mananthawady
12. Kozhikkode Kozhikkode, Vadakara, Mukkom
13. Kannur Mattannur, Thalipparambu
14. Kasaragod Nileswaram, Kanhangad List of Urban Local Bodies not Constituted Monitoring Committee Sl.No. Name of District Name of Urban Local Body
1. Thiruvanathapuram Neyyattinkara
2. Alappuzha Cherthala, Mavelikkara, Harippad,Chengannur
3. Kottayam Pala, Ettumanoor, Erattupetta, Changanassery
4. Ernakulam Kochi, Kothamangalam, Eloor, Maradu, Kalamassery
5. Thrissur Wadakkanchery, Kunnamkulam
6. Palakkad Ottappalam, Pattambi, Palakkad
7. Malappuram Perinthalmanna, Parappanangadi, Valanchery, Kottakkal, Nilambur, Ponnani, Tanur, Thirurangadi
8. Wayanad Kalpetta, Sulthanbethery W.P.C.14978/2020 27
9. Kozhikkode Ramanattukara, Koyilandy, Feroke, Koduvally, Payyoli
10. Kannur Iritty, Panoor, Anthoor, Payyannur, Koothuparamba, Thalassery, Kannur, Sreekandapuram
11. Kasaragod Kasaragod List of Monitoring Committee of Panchayats Sl.N Name of District Total no. No. of No. of o. of Grama Panchayats Panchayats Panchay with without ats Monitoring Monitoring Committee Committee 1. Thiruvanathapuram 73 73 0 2. Kollam 68 68 0 3. Pathanamthitta 53 53 0 4. Kottayam 72 57 15 5. Alappuzha 71 71 0 6. Idukki 82 67 15 7. Ernakulam 52 51 1 8. Thrissur 86 86 0 9. Palakkad 88 35 53 10. Malappuram 94 30 64 11. Wayanad 70 70 0 12. Kozhikode 23 23 0 13. Kannur 71 71 0 14. Kasaragod 38 38 0 Total 941 793 148 Yours Faithfully, MADEENA BEEGAMA UNDER SECRRETARY For Principal Secretary to Government.
Approved for issue Sd/-
Section Officer.
W.P.C.14978/2020 28
24. In exercise of the powers conferred by sub-sections (1) and (2) of Section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), the Central Government have enacted the Animal Birth Control (Dogs) Rules, 2001. Rule 2(a) of the rules defines "Act" to mean the Prevention of Cruelty to Animals Act, 1960. Rule 2(b) of the rules defines "Animal Welfare Organisation" to mean and include the Society for Prevention of Cruelty to Animals and any other welfare organization for animals which is registered under the Societies Registration Act of 1860 (21 of 1860) or any other corresponding law for the time being in force and which is recognized by the Animal Welfare Board of India. Rule 2(c) defines "Board" to mean the Animal Welfare Board of India, established under Section 4 and as reconstituted under Section 5A of the Act. Rule 2(d) of the rules defines "Committee" to mean a committee appointed under these rules. Rule 2(e) defines "local authority", as extracted above. Rule 2(f) defines "owner" to mean the owner of an animal and includes any other person in possession or custody of such animal whether with or without the consent of the owner. Rule 2(g) defines "Veterinary doctor" to mean a person who holds a degree of a recognized veterinary college and is registered with the Indian Veterinary Council.
W.P.C.14978/2020 29
25. Rule 3 of the rules speaks about classification of dogs and their sterilisation, and the same reads thus:
"(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."
26. Rule 4 of the rules speaks about formation of Committee and it reads thus:
"A monitoring committee consisting of the following persons shall be constituted by the local authority for a period of three years, namely-
(a) Commissioner/Chief of the local authority, who shall be the ex-officio Chairman of the Committee.
(b) a representative of the Public Health Department of the local authority.
(c) a representative of the Animal Welfare Department if any of the local authority.
(d) a veterinary doctor.
(e) a representative of the district Society for Prevention of Cruelty to Animals (SPCA).
(f) at least two representatives from the Animal Welfare Organizations operating within the said local authority.W.P.C.14978/2020 30
(g) a representative of the people who is a humanitarian or a well known individual who has experience in animal welfare in the locality."
27. Rule 5 speaks about the functions of the Committee and the same reads thus:
"The committee constituted under rule 4 shall be responsible for planning and management of dog control programme in accordance with these rules. The committee may,-
(a) issue instructions for catching, transportation, sheltering, sterilisation, vaccination, treatment and release of sterilized vaccinated or treated dogs.
(b) authorize veterinary doctor to decide on 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 co-operation 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.
(h) the activities of the committee shall be brought to the public notice by announcements and advertisements."
28. Rule 6 of the rules speaks about obligations of the local authority and it reads thus:
W.P.C.14978/2020 31
"(1) The local authority shall provide for,-
(a) establishment of a sufficient number of dogs pounds including animal kennels/shelters which may be managed by animal welfare organizations;
(b) requisite number of dog vans with ramps for the capture and transportation of street dogs;
(c) one driver and two trained dog catchers to be provided for each dog van;
(d) an ambulance-cum-clinical van to be provided as mobile center for sterilisation and immunization;
(e) incinerators to be installed by the local authority for disposal of carcasses.
(f) periodic repair of shelter or pound.
(2) If the Municipal Corporation or the local authority thinks it expedient to control street dog population, it shall be incumbent upon them to sterilize and immunize street Dogs with the participation of animal welfare organizations, private individuals and the local authority.
(3) The animal welfare organizations shall be reimbursed the expenses of sterilization/immunization at a rate to be fixed by the Committee on fortnightly basis based on the number of sterilization/ immunization done.
(4) The Monitoring committee of the said locality shall meet at least once in every month to assess the progress made in regard to implementation of the Animal Birth Control Programme."
29. Rule 7 of the rules speaks about capturing / sterilisation / immunisation / release and it reads thus:
W.P.C.14978/2020 32
(1) Capturing of dogs shall be based on:
(a) Specific complaints (for which the local authority in consultation with the Monitoring Committee shall set up a dog control cell to receive complaints about dog nuisance, dog bites and information about rabid dogs); and
(b) General :
(i) On receipt of specific complaint about nuisance or dog bite the same shall be attended on priority basis, irrespective of the area from which the complaint comes. On receipt of such complaint the details such as name of the complainant, his complete address, date and time of complaint, nature of complaint etc. shall be recorded in a register to be maintained for permanent record.
(ii) Capturing for general purpose will be on such dates and time to be specified by the Committee. (2) The dog capturing squad shall consist of-
(i) The driver of the dog van;
(ii) Two or more trained employees of the local authority who are trained in capturing of dogs;
(iii) One representative of any of the animal welfare organization Each member of the dog squad shall carry, a valid identity card issued by the local authority. The dog capturing squad will be accompanied by a representative of an Animal Welfare Organisation nominated for the purpose. (3) On receipt of specific complaint or for capturing dogs in normal course the dog squad will visit the concerned area, capture the dogs identified by the complaint in case of complaint oriented capturing and other dogs in case of general capturing. All the dogs caught will be tagged for identification purposes and to ensure that the dogs are released in the same area after sterilization and vaccination.
Only stipulated number of dogs, according to the Animal W.P.C.14978/2020 33 Birth Control Program target, shall be caught by the van. A record of dogs captured shall be maintained in a register, mentioning therein the name of the area/locality, date and time of capture, names of persons in the dogs squad on that particular day and details about dogs captured such as number of male dogs, number of female dogs, number of puppies etc. (4) The dogs shall be captured by using humane methods such as lassoing or soft-loop animal catchers such as those prescribed under the provisions of Prevention of Cruelty (Capture of Animals) Rules, 1979.
(5) While the dogs are being captured in any locality the representative of the local authority or of the animal welfare organization accompanying the dog squad will make announcements on a public address system that dogs are being captured from the area for the purpose of sterilization and immunization and will be released in the same area after sterilization and immunization. The announcement may also briefly educate the residents of the area about the dog control programme and solicit the support of all the residents reassuring them that the local authority is taking adequate steps for their safety.
(6) The captured dogs shall be brought to the dog kennels/dog pounds managed by the Animal Welfare Organisations (AWOs). On reaching the dog pounds all the dogs shall be examined by the veterinarians and healthy and sick dogs should be segregated. Sick dogs should be given proper treatment in the hospitals run by Society for W.P.C.14978/2020 34 Prevention of Cruelty to Animals (SPCA)/other recognised institutions and only after they are treated they should be sterilized and vaccinated. The dogs will be sterilized/ vaccinated under the supervision of the veterinarians of the hospital run by the Society for Prevention of Cruelty to Animals (SPCA), Animal Welfare Organization or other dog shelters. After necessary period of follow up, the dogs shall be released at the same place or locality from where they were captured and the date, time and place of their release shall be recorded. The representative of Animal Welfare Organisations (AWOs) shall accompany the dog squad at the time of release also.
(7) At a time only one lot of dogs shall be brought for sterilization, immunization at one dog kennel or dog pound and these dogs shall be from one locality. Two lots from different areas or localities shall not be mixed at the same dog pound or dog kennel.
(8) The dog kennel must have sufficient space for proper housing and free movement of dogs. The place should have proper ventilation and natural lighting and must be kept clean. Adults and puppies must be housed separately and amongst the adults the males and females also should be housed separately. Adequate arrangement for drinking water and food shall be made for dogs while in captivity. (9) Female dogs found to be pregnant shall not undergo abortion (irrespective of stage of pregnancy) and sterilization and should be released till they have litter." W.P.C.14978/2020 35
30. Rule 8 of the rules speaks about identification and recording, and the same reads thus:
"Sterilized dogs shall be vaccinated before release and the ears of these dogs should either be clipped and/ or tatooed for being identified as sterilized or immunised dogs. In addition, the dogs may be given token or nylon collars for identification and detailed records of such dogs shall be maintained. Branding of dogs would not be permitted."
31. Rule 9 of the rules speaks about euthanasia of street dogs and it reads thus:
"Incurably ill and mortally wounded dogs as diagnosed by a qualified veterinarian appointed by the committee shall be euthanised during specified hours in a humane manner by administering sodium pentathol for adult dogs and Thiopental Introperitoneal for puppies by a qualified veterinarian or euthanised in any other humane manner approved by Animal Welfare Board of India. No dog shall be euthanised in the presence of another dog. The person responsible for euthanising shall make sure that the animal is dead, before disposal."
32. Rule 10 of the rules speaks about furious or dumb rabid dogs and the same reads thus:
"(1) On the receipt of complaints from the public to the Dog Control Cell of the Local Authority or on its own, the dog squad of the Local Authority would catch such dogs, suspected to be rabid.W.P.C.14978/2020 36
(2) The caught dog would then be taken to the pound where it would be isolated in an isolation ward.
(3) The suspected rabid dog would then be subjected to inspection by a panel of two persons i.e.
(i) a veterinary surgeon appointed by the Local Authority; and
(ii) a representative from an Animal Welfare Organisation. (4) If the dog is found to have a high probability of having rabies it would be isolated till it dies a natural death. Death normally occurs within 10 days of contracting rabies.
Premature killings of suspected rabid dogs therefore prevents the true incidence of rabies from being known and appropriate action being taken.
(5) If the dog is found not to have rabies but some other disease it would be handed over to the AWOs who will take the necessary action to cure and rehabilitate the dog."
33. We have gone through the statement, as well as the counter affidavit, filed by the 7th respondent - Thripunithura Municipality, as regards the steps taken for the constitution of the Monitoring Committee, the report on sterilization of stray dogs, as per the Act, 2001 and the rules framed thereunder, and the documents with respect to the process, regarding ABC guidelines. We find no irregularity and are satisfied with the steps taken by the 7th respondent - Municipality.
34. Prayer No.1 is for a direction to the 7 th respondent Municipality, to constitute a Monitoring Committee, as per the Animal W.P.C.14978/2020 37 Birth Control (Dogs) Rules, 2001, as expeditiously as possible. Such committee has already been constituted by the 7th respondent.
35. Prayer No.2 is for a direction to the abovesaid Municipality to perform Animal Birth Control, after complying with the requisites under the Animal Birth Control (Dogs) Rules, 2001.
36. Statement and the counter affidavit filed by the 7 th respondent, with the supporting documents, satisfy the duties and responsibilities performed by the Thripunithura Municipality under the Animal Birth Control (Dogs) Rules, 2001.
37. Insofar as the 3rd prayer, for issuance of a writ of mandamus directing all the local authorities in the State of Kerala, to constitute a Monitoring Committee and to comply with the necessary requisites and all other obligations, under the Animal Birth Control (Dogs) Rules, 2001, letter dated 23.09.2020 addressed to the Principal Secretary, Local Self Government (RC) Department, along with the schedules, as extracted supra, show that except in few Panchayats in some Districts, in majority of the districts, the requisite Monitoring Committees have already been constituted, as recorded in the forgoing paragraphs.
38. Placing on record the submission of Mr. K. V. Sohan, learned State Attorney, that the Monitoring Committees in the remaining local W.P.C.14978/2020 38 bodies would be constituted within two months from today, we direct that such Committees be constituted within the aforesaid period.
39. Though Ms. Sruthy N. Bhat, learned counsel for the petitioner, contended that the committees constituted are not in accordance with the Animals Birth Control (Dogs) Rules, 2001, we are not inclined to accept the said submission, as it amounts to a collateral challenge to the constitution of the committees, which cannot be entertained, in a writ of mandamus.
40. Letter Nos. PAN/10468/2019-C8(DP) dated 23.09.2020, DC 5- 14362/2020 dated 23.09.2020, and the letter dated 23.09.2020 of the Principal Secretary to Government, to the Advocate General, Ernakulam, which we have extracted supra, shall remain part of the records.
With the above directions, writ petition is disposed of.
Sd/-
S. MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P. CHALY JUDGE DG & krjxxx W.P.C.14978/2020 39 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE NEWSPAPER REPORT IN MATHRUBHUMI DAILY DATED 08.07.2020 ABOUT THE ABC PROGRAM AND THE WOUNDED DOG ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P2 TRUE COPY OF THE REPORT DATED
07.07.2020 ISSUED BY VETERINARY DOCTOR
SONIKA SATHISH WHO EXAMINED AND
TREATED THE DOG.
EXHIBIT P3 COPY OF THE PHOTOGRAPH OF THE PUS
FORMED SCROTUM OF THE DOG.
EXHIBIT P4 TRUE COPY OF THE CASE SUMMARY DATED
10.07.2020 ISSUED BY DR.S.SUNIL KUMAR,
FELICAN PET HOSPITAL.
EXHIBIT P5 COPY OF THE PHOTOGRAPH OF THE DOG WITH
ITS INTESTINES PROTRUDING FROM ITS
STOMACH.
EXHIBIT P6 COPY OF THE PHOTOGRAPH OF THE INFECTED
SCROTUM AND SLASHED EAR OF THE DOG.
EXHIBIT P7 TRUE COPY OF THE MEDICAL REPORT DATED
10.07.2020 ISSUED BY DR.SONIKA
SATHISH.
EXHIBIT P8 TRUE COPY OF THE AUTOPSY REPORT OF THE
FEMALE DOG ISSUED BY THE VET OF THE
COLLEGE OF VETERINARY AND ANIMAL
SCIENCE, MANNUTHY.
EXHIBIT P9 THE PHOTOGRAPHS OF THE DOG WITH ITS
INTESTINE PROTRUDING FROM THE STOMACH.
W.P.C.14978/2020 40
RESPONDENT'S/S EXHIBITS:
EXHIBIT R7(a): A COPY OF THE ABC PROJECT MONITORING
COMMITTEE REPORT DATE 10/07/2020
SIGNED BY THE MEMBERS THEREIN, WITH
ENGLISH TRANSLATION.
EXHIBIT R7(b): A TRUE PHOTOCOPY OF THE CERTIFICATE
DATED 22/07/2020 ISSUED BY 7TH
RESPONDENT.
EXHIBIT R7(c): A TRUE PHOTOCOPY OF THE COMMUNICATION
NO.PW3-14/2019 DATED 18/05/2020,
TOGETHER WITH ITS ENGLISH TANSLATION.
EXHIBIT R7(d): A TRUE PHOTOCOPY OF THE TREASURY
STATEMENT ANNEXED ALONG WITH EXHIBIT
R7(c).
EXHIBIT R7(e): A TRUE PHOTOCOPY OF THE AGREEMENT
NO.1/2019 DATED 16/09/2019, BETWEEN
7TH RESPONDENT AND THE KUDUMBASREE
ERNAKULAM DMC ALONG WITH ITS ENGLISH
TRANSLATION IS PRODUCED HEREWITH AND
MARKED AS EXHIBIT R7(e).
EXHIBIT R7(f): A TRUE PHOTOCOPY OF THE CERTIFICATE
ISSUED BY THE SENIOR VETERINARY
SURGEON, VETERINARY HOSPITAL,
TRIPUNITHURA, WITH ITS ENGLISH
TRANSLATION, TOGETHER WITH THE ANNEXED
RECORD SHEETS AND CONSOLIDATEDS REPORT
THEREIN.
EXHIBIT R7(g): A TRUE PHOTOCOPY OF THE COMMUNICATION
DATED 28/07/2020 ISSUED BY THE 7TH
RESPONDENT TO THE ERNAKULAM DISTRICT
CO-ORDINATOR OF KUDUMBASREE MISSION.
EXHIBIT R7(h): A TRUE PHOTOCOPY OF THE LETTER
NO.1169/ADMC.3/2020 KSFKM DATED
29/07/2020.
W.P.C.14978/2020 41
EXHIBIT R7(i): A TRUE PHOTOCOPY OF THE EXPLANATION
DATED 29/07/2020 SUBMITTED BY THE
VETERINARY SURGEON OF "BE PROUD"
KUDUMBASREE UNIT OF ERNAKULAM
DISTRICT.
EXHIBIT R7(j): A TRUE PHOTOCOPY OF THE QUALIFICATION
CERTIFICATES OF THE VETERINARY
SURGEONS ANNEXED ALONG WITH EXHIBIT
R7(i).