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15. Mrs.Norma Alvares, the learned Counsel appearing on behalf of the Respondent Nos.5, 6 & 7 in Writ Petition (PIL) No.111/2005, has submitted as under:-

( 16 ) RELIANCE ON ARTICLES 51 & 21 OF THE CONSTITUTION OF INDIA:-

INDIA With regard to the issues under Reference, viz. Whether in the circumstances and seriusness of the problem, the danger posed and menace caused by stray dogs, resort can be had to the provisions of sub-section (3) of Section 11 of the Prevention of Cruelty to Animals Act, 1960 and the relevant provisions of the Bombay/Maharashtra & Goa Municipalities Acts and other enactments, and whether inspite of the aforesaid provisions of Section 11(3) of the Prevention of Cruelty to Animals killing of dogs Act and other Acts referred to has to be totally above, prohibited, the the learned Counsel Mrs.Norma Alvares has firstly referred to Articles 51 & 21 of the Constitution of India.

According to her as per the provisions of Rule 9, such illnesses which may pose a threat to humans, then in such cases, if a qualified medical expert determines that it is cruel to keep the animal alive, the street dog may be euthanised in a humane manner. Thereafter referring to Rule 10 of the aforesaid Animal Birth Control (Dog) Rules 2001, the learned Counsel Mrs.Norma Alvares has submitted that the Rule 10 provides that in case of dogs suspected to be rabid, such dogs may immediately be removed from the public place and may be ( 18 ) isolated. According to her killing of a dog that is merely suspected to be suffering from rabies is counter productive as it will never be known whether or not the animal, in fact, had rabies, thereby making it impossible to correctly advise people who had some contact with the animal as to whether or not they need to take any protective measures. It is the submission of Mrs.Norma Alvares that the aforesaid Animal Birth Control (Dog) Rules 2001 nicely balance the right to life conferred on human beings (Art.21) with their duty to show compassion to all living creatures (Art.51).

the circumstances under which the desctuction of an animal is permitted- namely, if the animal is so diseased or so severely injured or in such a poor physical condition that it would be cruel to keep the animal alive. Thus, according to Mrs.Norma Alvares, section 13(3) under which the destruction of animals is permitted would exclude all healthy animals. It is therefore the submission of the learned Counsel Mrs.Norma Alvares that Section 11 (3) (b) of the Prevention of Cruelty to Animals Act does not permit the indiscriminate, mass destruction of all stray dogs.

According to the learned Counsel the aforesaid ABC Schsme fulfils the mandate of the Constitution of India to show compassion to living creatures, and it also ensures a long term, permanent & sustainable solution to the problem of overpopulation of stray dogs and enables the Municipalities and Panchayats to effectively fulfill their obligation of managing the dog population in their respective jurisdictions. According to her, indiscriminate killing of dogs in order to control their numbers has never solved the problem of the management of street dogs anywhere in the world, and nor is destruction of dogs the answer to the spread of zoonotic mass diseases or the occurrence of dog bites. Thereafter referring to a report titled "Incidence of Rabies and Dog Bites in Goa-2003 which was based on a survey conducted by the Department of Preventive and Social Medicine & supported by WHO, the learned Counsel Mrs.Norma Alvares has submitted that the said report has reported that 76% of dog bites during the previous year were from pet dogs and 24% from stray dogs. Referring to the cases of Viniyog Parivar Trust & Another V/s Municipal Corporation of Greater Mumbai & Ors. and People for Animals & Anr.V/s.Panaji Municipal Council & Ors., the lerned Counsel Mrs.Norma Alvares has submited that the only appropriate and effective way to control and reduce the stray dog population and to ensure that the existing strays are healthy is through a programme ( 25 ) of sterilization and immunization of dogs.