The Animal Welfare Board of India was also directed to take steps to provide financial help for building infrastructure to deal with the dog menace.
Observing that there has to be more concern for protecting the lives of human beings than stray dogs, Kerala High Court today said local bodies can exercise their power to capture, sterilise or destroy the strays, provided it is done in accordance with legal provisions.
The division bench comprising Chief Justice Ashok Bhushan and AM Shaffique insisted authorities should ensure strict compliance of Rules 7, 9 and 10 of Animal Birth Control Rules (Dogs) 2001.
Rules 7, 9 and 10 deal with capturing dog on specific complaint, euthanasia and handling of rabid dogs.
"There cannot be any dispute with the proposition that there has to be more concern with the life of human beings than that of stray dogs and there cannot be any quarrel to the proposition that local authorities can exercise the power to capture and destroy the stray dogs and this exercise has to be carried out in accordance with provisions of The Prevention of Cruelty to Animals Act, 1960 and Animal Birth Control Rules (Dogs) 2001," the High Court said in its judgement.
The court also criticised the local bodies' inaction in implementing the provisions of Act and Rules in the state. The High Court, which pronounced the 86-page judgement while disposing of 12 writ petitions related to stray dogs, ruled that vaccination and sterilisation of stray dogs be made compulsory and veterinary hospitals and polyclinics should be set up in district and taluk level.
The Animal Welfare Board of India was also directed to take steps to provide financial help for building infrastructure to deal with the dog menace.
Rule 7 stipulates that capturing of dogs shall be based on 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).
"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, 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," it says.
Rule 9 deals with euthanasia of street dogs.
"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," it says.
The Rule says that no dog shall be euthanised in the presence of another dog.
Rule 10 deals with handling rabid dogs.
According to it, on 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.
The Rule says the dog would then be taken to the pound, where it would be kept in an isolation ward. It would then be subjected to inspection by a panel of two persons - a veterinarian surgeon appointed by the Local Authority and a representative from an Animal Welfare Organisation.
"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 prevent the true incidence of rabies from being known and appropriate action being taken.
"But if it 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," it says.
The High Court said local authorities shall ensure that dog shelters, dog capturers and ambulances are in place by next financial year.
It directed the state government to provide infrastructure and financial assistance to local authorities.