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SC refuses to stay killing of stray dogs in Kerala
New Delhi, Oct 26 Disapproving the mass
culling of stray dogs by the Thiruvananthapuram civic body, the Supreme
Court on Monday however refused to stay it and said the killing of the
dangerous dogs and those inflicted with rabies should be guided by
rules.
Declining to pass an interim order putting on hold the
killing by Thiruvananthapuram Municipal Corporation (MCT), a bench of
Justice Dipak Misra and Justice P.C.Pant said that the killing of the
stray dogs should be guided by the Animal Birth Control (Dogs) Rules,
2001.
"These rules have not been declared unconstitutional. If
rules are there then they have to be followed" and any killing of dogs
has to done according to the rules, said the bench as senior counsel
appearing for the Kerala government said that the State high court has
held that the rules go beyond the Prevention of Cruelty to Animals Act,
1960.
The court directed the listing of all the related matter
for hearing on November 18, as advocate Archana Sharma told the court
that apex court has already stayed the operation of similar orders by
the three high courts including by Karnataka and Himachal Pradesh High
Courts.
Urging the court to stay the order, PIL petitioner Anupam
Tripathi said that the Kerala home minister has justified the killings
of the stray dogs saying that there was nothing wrong in it, and that no
action should be taken against the killers of the dogs.
Senior
counsel Dushyant Dave who is amicus curiae in the matter told the court
that two-wheeler riders are the worst sufferers and "I have seen people
falling" when they are chased by the street dogs.
Pointing to the
cases where new born children were taken away by stray dogs, Dave told
the court a person bitten by a stray dogs has to take three injections
and they are so expensive that they are beyond the reach of a common
man.
The apex court had on October 9 sought the response from the
central and Kerala governments on the plea seeking immediate halt to
the killing of street dogs by the MCT.
The culling was being
carried out in Kerala following an all-party meeting in July where it
was decided eliminate more than 2.5 lakh street dogs.