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A NEED OF LAW REGARDING PET DOGS WITH RISE OF PET DOG ATTACKS/BITES IN COUNTRY

Shashank Agarwal
Shashank Agarwal
  • Nov 2, 2022
  • 0 min to read
A NEED OF LAW REGARDING PET DOGS WITH RISE OF PET DOG ATTACKS/BITES IN COUNTRY Agarwal

From ancient times, compassion for all living creatures has been a central tenet of Indian culture. In most Indian households, whether rural or urban—when people cook food they reserve some portion and offer it to cows, dogs, and birds. However, humans—the species considered to be at the top of the evolutionary ladder and granted a special place in nature as its sole possessors—consider themselves sovereign over all other life forms. When animals try to defend their territory against encroaching human civilization, they are pushed back into smaller spaces. There have been many instances when dog lovers have also been assaulted.

 

Animals are often unable to speak for themselves, so it's up to us as a society—and especially animal lovers —to stand up for them. No animal should ever be made to suffer unnecessarily. Cruelty towards animals makes them feel pain and emotions.

Owning a pet in India can be challenging, as many building societies have biased rules against pets. Pet owners often receive flak for breaking these rules—some feasible and valid but others bizarre or illegal.

Stray dogs have a right to be fed, and citizens have the right to feed them.

Sadly, most of India's streets are characterized by blatant indifference toward the lives of animals. In civic society—where a handful of people care for stray creatures—their efforts are often met with unbelievable ridicule and resistance. India does have animal laws—but the ineffectiveness of those laws and their paltry penalties render them essentially toothless.

“It is a fundamental duty upon every citizen of India to protect wildlife and have compassion for all living creatures.”–   Article 51A(G), Indian Constitution

Recommendations for dealing humanely with stray dogs

Feeding stray dogs is legal both within and outside any society, but threatening dog feeders from carrying out their essential obligation under Article 51(A)(g) of the Constitution of India is prohibited.

The Animal Welfare Board of India has issued guidelines on how to feed stray dogs, and courts have recognized the value of dog feeding programs that keep animals from becoming a public nuisance.

Stray dogs are, by law, protected from cruelty and neglect

Prevention of Cruelty to Animals Act (PCA), 1960 - Rules enacted under Section 38 of the act - the Animal Birth Control (Dogs) Rules, 2001

Indian Penal Code: Sections 428 & 429

Article 51A (g) of the Constitution of India.

Street dogs cannot be driven away or displaced; instead, they can only be sterilized and vaccinated before being returned to their original locations. It is illegal to kill, maim, or poison stray dogs. Doing so could land the person in prison for up to two years, pay a fine—or both.

The High Court of Delhi states that there is no law prohibiting people from feeding stray animals. However, it is a crime to threaten or abuse neighbors who feed such creatures and their pets.

The street dog issue

The lack of planning in many Indian cities, combined with a booming human population, has led to an explosion in the number of street dogs. These animals cause numerous problems:

Rabies–a deadly virus that affects the brain and can be transmitted to humans. Although any warm-blooded animal can get or spread rabies, dogs are by far the biggest carriers in India.

A dog bite occurs when a human is too close to the animal for its liking. During mating season, male dogs often attack one another; pedestrians and other humans in the vicinity can get caught in these skirmishes. Dogs with puppies are also more likely than usual to lash out at people who approach their litter

Dog fights often occur during mating season, and barking and howling may be an attempt by the dogs to intimidate each other.

Most Indian civic bodies have been killing street dogs for decades, a custom that was directly imported from the developed countries. The concept makes no sense in the third world, where conditions are much different than those found in developed nations. Eradicating street dogs in developing nations such as India is almost impossible because the conditions that breed them—poor sanitation and large numbers of people living in close quarters—are so entrenched.

Dogs have incredibly high breeding rates. One estimate is that two dogs can multiply to over 300 (over a few generations) in three years. Dogs are also highly territorial, with each animal having its fixed territory within the group.

In July, an elderly woman was mauled to death by her pet dog. The incident sparked a conversation about the responsible training and domestication of animals. Several other attacks came to light, including one carried out by a pet dog while its owner stood without restraining it. Another incident involved stray dogs who injured a six-year-old youngster returning home from school.

After several cases of dog bites were reported, the local administration and other associations began to impose their own regulations regarding how to manage domestic animals. Some of these new rules included banning dogs from entering lifts or public spaces without a leash.

The increased number of reported animal attacks led to heated debates between those who favored a solution against such attacks and those who were concerned about protecting animals.

 

Shashank Agarwal
Shashank Agarwal

In the last 13 years of my practice I have dealt various legal issues dealing with Arbitration, Civil cases, Corporate litigation, Commercial court cases, Constitutional cases, consumer law, cheque bounce, stamp duty issues, registration of documents, recovery suits, tender/blacklisting related disputes, miscellaneous cases, family disputes along with legal consultation and services related to filing of FIR or quashing of FIR, bail applications and other related issues.

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February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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