The ruling comes amid a huge debate in the country on the stray dog menace. (Representational)
In a judgment likely to set a precedent and spark a huge debate, the Punjab and Haryana High Court has said the State shall be "primarily responsible" to pay compensation in cases of attacks by stray animals such as dogs and cattle. In dog bite cases, it has said, the assistance shall be a minimum of Rs 10,000 "per teeth mark" and a minimum of Rs 20,000 per 0.2 cm of wound where the flesh has come off.
The court was hearing a bunch of 193 petitions relating to attacks by stray animals.
The ruling comes amid a huge debate in the country on the stray dog menace. The death of 49-year-old Parag Desai, executive director with Wagh Bakri Tea Group, in October had sparked off a fresh round in the debate. A hospital statement had said Mr Desai died of a haemorrhage suffered in a fall after stray dogs chased him.
Soon after the tragic incident, a section of social media users demanded urgent steps to tackle the stray dog problem, pointing to multiple cases of deaths and injuries, including to children, in animal attacks. Growing public anger over such cases has also led to incidents of animal cruelty.
"The State shall be primarily responsible to pay compensation with a right to recover the same from the defaulting Agencies/ Instrumentalities of the State and/or the private person, if any," the High Court said in its order on a petition seeking compensation in a dogbite case.
The High Court also asked Punjab, Haryana and the Union Territory of Chandigarh to form a committee that will decide on compensation to be paid in cases of accidents caused or attacks by stray animals. These include animals such as cows, bulls, oxen, donkeys, dogs, nilgai, buffaloes, and wild, pet and deserted animals.
"The said Committee shall be comprised of Deputy Commissioner of the concerned District as its Chairperson and shall have the following member (a) Superintendent of Police/Deputy Superintendent of Police (Traffic), (b) Sub Divisional Magistrate of the concerned area, (c) The District Transport Officer, (d) Representative of the Chief Medical Officer," the judgment said.
The judgment is crucial considering the sensitive nature of the stray dog menace, an immensely polarising subject in the country.
Before 2001, municipal authorities could euthanise stray dogs to keep public places safe. In 2001 came the Animal Birth Control (Dogs) Rules. These rules created a separate category called "street dogs" and said they should be sterilised and immunised by "participation of animal welfare organizations, private individuals and the local authority". Lack of adequate funds and manpower have frequently stalled such exercises, leading to a spike in stray population.
The 2001 rules were silent on euthanising stray dogs except those "incurably ill" or "mortally wounded". They also said dogs caught for sterlisation and vaccination should be "released in the same area".