‘PROTECT US FROM STRAYS, HELP DOG BITE VICTIMS GET COMPENSATION’
After several dog-bite cases, Wanowrie residents had come out onto the streets in October last year to protest PMC’s inaction
Netaji Nagar housing society moves HC, seeking a fact-finding committee to look into rising problem of human-stray conflict
Residents of Netaji Nagar Society, at Wanowrie, have filed a civil writ petition at Bombay High Court (HC) seeking that a fact-finding committee be set up to look into the stray dog bite cases, compensation to victims and also action against Pune Municipal Corporation (PMC) and other agencies concerned for not fulfilling their statutory duties. This is the society where seven residents were bitten by a rabid dog last October.
The petition, filed by the society’s chairman Nandan Bhavkar and secretary Bhaskar Maruti Bhalerao, is against the state of Maharashtra, PMC, Meher Mathrani (with whom the residents had a confrontative exchange at the time of the incident) and her organisation AaCT India, Animal Welfare Board of India (AWBI) under the Union Ministry of Enviroment, Forest and Climate Change, as well as the Union of India. The first hearing was held on June 12 and the next is scheduled on July 11.
The petition has drawn attention to the daily sufferings of the residents of the society due to the rising stray dog population in the locality. It blamed this on the non-implementation of Animal Birth Control (Dogs) Rules, 2001 (or ABC rules) by PMC. Meher Mathrani has been made party for her handling of the case back then. It has also made AWBI responsible for failing to ensure that PMC follows the ABC guidelines.
“It is the primary and statutory duty of PMC, being the custodian and owner of these stray dogs to sterilise and examine them time to time under the ABC Rules, 2001,” the petition stated. It added that the rules deem that street dogs are sterilised and immunised by the local authority, with the participation of animal welfare organisations. The civic body is under legal obligation to prevent rabies and its spread to other dogs and to humans through dog bites.
It goes on to underscore, “The petitioner states and submits that there is no value (being accorded) to human life and it has been compromised due to the non-performance and non-implementation of the mandatory duty by PMC.”
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Pinning PMC for dereliction of its responsibility, the petition claimed, “It has neglected its duties as the local authority to provide adequate facilities to the citizens who are facing a danger to their lives, because of stray dogs, which includes dogs that are rabid and some even found to be aggressive up to the extent where they chase and bite people on the road day and night.” It also highlighted that there is no animal helpline as mandated for injured dogs or for seeking sterilisation of the dogs. It faulted the dog squad van service, for sterilisation, completely ineffective, failing to function for many years despite innumerable requests.
Interestingly, not only did the petition seek strict action against the civic body and AWBI for failing to perform, it also prayed for the setting up of a fact-finding committee in the state on the lines of the interim order passed by Supreme Court in 2015, in the case of Anupam Tripathi vs Union of India. Taking its cue from the order, it suggested that the committee may consist of a retired HC judge, the secretary of the state department of law and the director of state health services. Pointing to the larger public interest of this demand, it was submitted that once in place, the committee can deal with such dog bite cases resulting from negligence of the civic body and AWBI, enabling victims to access free treatment thereof.
Also in line with the order of the apex court, the petition has sought Rs 5 lakh as compensation for the residents of Netaji Nagar Society who were dog bite victims last October.
AWBI officer Vineeta Tandon informed, “A letter dated May 9, 2018, was sent to municipal commissioners across the country, stressing that the care of all aspects of all animals is the duty of the civic body. Animal welfare officers and activists are working day and night to help the civic authorities.” She blamed the failure to implement the ABC programme on the issue of relocation of stray dogs, which provokes dog biting, mating and barking among other things. “I think PMC should instruct ward offices to organise awareness drives in their respective areas and all registered resident welfare associations (RWA) should be made aware of the laws and benefits of ABC programme,” Tandon added.
PMC’s veterinary superintendent, Dr Prakah Wagh said he was new on the job and has started working towards streamlining things. “New systems are being set, shelters are being allocated and new professional agencies are being roped in for the sterilisation and vaccination. We are also appointing an external agency that will be dedicated to catching and releasing the strays. All of this will probably take a couple of months,” he told Mirror.
“This petition is not anti-animal, but looks to ensure safety for both dogs and humans,” pointed out Harshad Garud, the counsel for Netaji Nagar Society. He urged that a permanent solution is needed for survival of dogs, their shelter, medical aid when suffering cruelty at the hands of humans. “This petition will pave the way for formation of the committee in the state for process and granting compensation to dog bite victims,” he reiterated.
Residents of Netaji Nagar Society, at Wanowrie, have filed a civil writ petition at Bombay High Court (HC) seeking that a fact-finding committee be set up to look into the stray dog bite cases, compensation to victims and also action against Pune Municipal Corporation (PMC) and other agencies concerned for not fulfilling their statutory duties. This is the society where seven residents were bitten by a rabid dog last October.
The petition, filed by the society’s chairman Nandan Bhavkar and secretary Bhaskar Maruti Bhalerao, is against the state of Maharashtra, PMC, Meher Mathrani (with whom the residents had a confrontative exchange at the time of the incident) and her organisation AaCT India, Animal Welfare Board of India (AWBI) under the Union Ministry of Enviroment, Forest and Climate Change, as well as the Union of India. The first hearing was held on June 12 and the next is scheduled on July 11.
The petition has drawn attention to the daily sufferings of the residents of the society due to the rising stray dog population in the locality. It blamed this on the non-implementation of Animal Birth Control (Dogs) Rules, 2001 (or ABC rules) by PMC. Meher Mathrani has been made party for her handling of the case back then. It has also made AWBI responsible for failing to ensure that PMC follows the ABC guidelines.
“It is the primary and statutory duty of PMC, being the custodian and owner of these stray dogs to sterilise and examine them time to time under the ABC Rules, 2001,” the petition stated. It added that the rules deem that street dogs are sterilised and immunised by the local authority, with the participation of animal welfare organisations. The civic body is under legal obligation to prevent rabies and its spread to other dogs and to humans through dog bites.
It goes on to underscore, “The petitioner states and submits that there is no value (being accorded) to human life and it has been compromised due to the non-performance and non-implementation of the mandatory duty by PMC.”
Read Also:
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Pinning PMC for dereliction of its responsibility, the petition claimed, “It has neglected its duties as the local authority to provide adequate facilities to the citizens who are facing a danger to their lives, because of stray dogs, which includes dogs that are rabid and some even found to be aggressive up to the extent where they chase and bite people on the road day and night.” It also highlighted that there is no animal helpline as mandated for injured dogs or for seeking sterilisation of the dogs. It faulted the dog squad van service, for sterilisation, completely ineffective, failing to function for many years despite innumerable requests.
Interestingly, not only did the petition seek strict action against the civic body and AWBI for failing to perform, it also prayed for the setting up of a fact-finding committee in the state on the lines of the interim order passed by Supreme Court in 2015, in the case of Anupam Tripathi vs Union of India. Taking its cue from the order, it suggested that the committee may consist of a retired HC judge, the secretary of the state department of law and the director of state health services. Pointing to the larger public interest of this demand, it was submitted that once in place, the committee can deal with such dog bite cases resulting from negligence of the civic body and AWBI, enabling victims to access free treatment thereof.
Also in line with the order of the apex court, the petition has sought Rs 5 lakh as compensation for the residents of Netaji Nagar Society who were dog bite victims last October.
AWBI officer Vineeta Tandon informed, “A letter dated May 9, 2018, was sent to municipal commissioners across the country, stressing that the care of all aspects of all animals is the duty of the civic body. Animal welfare officers and activists are working day and night to help the civic authorities.” She blamed the failure to implement the ABC programme on the issue of relocation of stray dogs, which provokes dog biting, mating and barking among other things. “I think PMC should instruct ward offices to organise awareness drives in their respective areas and all registered resident welfare associations (RWA) should be made aware of the laws and benefits of ABC programme,” Tandon added.
PMC’s veterinary superintendent, Dr Prakah Wagh said he was new on the job and has started working towards streamlining things. “New systems are being set, shelters are being allocated and new professional agencies are being roped in for the sterilisation and vaccination. We are also appointing an external agency that will be dedicated to catching and releasing the strays. All of this will probably take a couple of months,” he told Mirror.
“This petition is not anti-animal, but looks to ensure safety for both dogs and humans,” pointed out Harshad Garud, the counsel for Netaji Nagar Society. He urged that a permanent solution is needed for survival of dogs, their shelter, medical aid when suffering cruelty at the hands of humans. “This petition will pave the way for formation of the committee in the state for process and granting compensation to dog bite victims,” he reiterated.
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