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9. The stray dogs pose many problems for everyone and to every human habitation or at public places. But the most serious problem that is posed by the stray dogs is when they bite a man. The dog may be perfectly healthy or may be suffering from Rabies. But the victim cannot ascertain whether it was a mad dog or a sane one because the dog does not leave behind any identifying note or particulars, on the victim, and since all the dogs look alike, at least so far as stray dogs are concerned, it is difficult to identify the dog, make verification and then to decide whether to take the agonizing course of medicine.

24. Though this petition is filed for the menace of dogs in Goa, the menace is not restricted to the State of Goa alone. It is creating similar problem in the State of Maharashtra also. N.G.Os. working with devotion may be many, but they are not spread all over the State. Their man power and resources are limited and they cannot effectively deal with this problem. N.G.Os. may be working in urban areas, but they cannot effectively deal with vast area of the State and in all areas where the problem of stray dogs is posing danger to the humanity or to the human population.

25. This petition was amended in order to bring certain facts on record and as per para 44-A of the petition, the Director of Animal Husbandry & Veterinary Services, Government of Goa, has given certain statistics pertaining to stray dogs in his press interview and as per the information given by the Director, there are about a lakh stray dogs in the State of Goa and 78,838 pet dogs. Further, as confirmed by him, i.e. the direct or, sterilization of stray dogs is carried out only in few areas specially in North Goa and the stray dog population has risen ever since the N.G.Os. have been carrying out the work of sterilization. The Director has confirmed that only about 13,000 stray dogs were sterilized but it was necessary that at least 60 to 70% of the dog population has to be sterilized in order to bring the stray dog population under control. The Director has also quoted as saying that the work of N.G.Os. was limited to certain specific areas and there was no such work in other areas where such dog population was multiplying. It is true that Animal Welfare Boards have been established and Rules called as Animal Birth Control (Dog) Rules, 2001 have been framed under the Prevention of Cruelty to Animals Act and that the N.G.Os. are doing their work in achieving a specific goal i.e. control in dog population. However, looking to the enormity of the problem and serious consequences arising out of the problem and also because of dog biting and other diseases which are carried by the dogs, the question remains whether there should be a ban on shooting of the dogs or eliminating dogs or making dogs to sleep.

32. However, it is a fact that inspite of these legal provisions and authorisation by Central Statutes as well as State Statutes, no effective steps are taken for elimination of stray dogs and if at all any steps are taken, they are too scanty and meagre looking to the enormity of the problem.

33. It is true that animals should not be subjected to unnecessary suffering or plain, but when the question arises between suffering of a man or whole lot of human population on one side, and the suffering of animals particularly stray dogs on the other side, then looking to the provisions of the Prevention of Cruelty to Animals Act, 1960 and the aforesaid three important Municipal legislations, i.e. the Goa, Maharashtra and Bombay, then the prayers in this petition cannot be said to be unreasonable or cruel. In fact, they are the need and necessity of time if the seriousness of the problem is considered in a dispassionate manner and not being influenced by the emotional issue involved.