BY INVOKING Article 21 of the Constitution to deal with the stray dogs menace, the Supreme Court has put things in the right perspective as the right to live with dignity also includes the right to move freely in public spaces without fear of attack by stray animals. The apex court has wisely stressed that children, travellers and old age people cannot be left vulnerable while refusing to recall its earlier order on sterilisation of stray dogs. The firm stand by the Supreme Court should now put the administrative wheels in motion and find a solution to a problem which has assumed alarming proportions over the last few years across India.
In its earlier order of November 7 last year, the apex court had already laid down strict guidelines for the States and Union Territories on removing stray dogs from streets, implementing sterilisation processes and putting the dangerous ones in shelter homes. Though it relented a bit after the hue and cry made by animal welfare groups, the essence of the order put onus on civic administrations across the country to follow the procedure with due diligence.
However, the court and the people, too, have found a discernible absence of sustained efforts on the part of States and UTs to build infrastructure to deal with the rising population of stray dogs. Now, with the strong message sent across to the petitioners opposing the validity of SOPs on dealing with stray animals issued by the Animal Welfare Board of India, the Supreme Court has put the State administrations on notice. It is now incumbent upon the civic bodies to adhere to the top court’s guidelines to escape contempt proceedings.
Why the SC had to intervene in the matter is now evident to all. It was sheer apathy of the civic authorities in following the Animal Birth Control (ABC) framework. It includes sterilisation, vaccination, sheltering and overall scientific management of stray animals. However, the problem has encountered prolonged inaction and absence of institutional commitment to the ABC guidelines. The administrative inaction has come back to bite (in literal sense) the citizens.
Though dog lovers tend to play down the problem of stray dogs attacks on people, the rising number of dog-bite cases in all parts of the country brings to fore the gravity of the issue. News reports and videos of packs of strays attacking little children and old people present a gory side of the problem. Kids are being mauled by dogs and the elderly are left to fend for themselves in this fight of unequals. Violent behaviour of strays has become a common occurrence on India’s streets. Many people have lost their lives in accidents caused by stray animals roaming freely on streets. This cannot be taken as a figment of imagination of a few people. It is a harsh reality and demands a comprehensive solution, once and for all.
The fresh order of the Supreme Court citing the right to live is set to trigger another Constitutional debate. Animal welfare groups are relying on Article 51A(g) of the Constitution, which places a fundamental duty on citizens to show compassion towards living creatures. It is a valid argument and its echoes are found in the way of living in India where dogs have remained an integral part of culture. The Indian family concept also makes caring for stray animals an ethical responsibility. It is a different relation born out of the philosophy of ‘bhutdaya’, seeking animal welfare.
However, the counter to this argument is the right to live with dignity which encompasses the right of every citizen to move freely and access public spaces without living under a constant apprehension of physical harm such as dog bites in public areas.
So, instead of turning the burning issue into a Constitutional debate, the society has to view it through a pragmatic lens. No one can live in a denial mode on the menace of stray dogs. But indulging in a blame game would be a time-wasting exercise. The real need today is of developing an understanding beyond emotions and working towards controlling the population of stray dogs. It is the best bet for all to move around without fear.