The Supreme Court on Tuesday signalled that it may consider imposing substantial financial responsibility on state governments for every incident involving dog bites, including fatalities. The court also indicated that individuals or groups feeding stray dogs could be held accountable in cases where attacks cause long term or permanent harm.
While hearing a case related to stray dogs, the court questioned why street dogs should be allowed to move freely if they pose a risk to public safety. It observed that for every dog bite and every death linked to such incidents, states could be directed to pay heavy compensation for failing to put proper systems in place. The bench further remarked that dog feeders may also face liability, asking why such animals are not kept within homes if people choose to take responsibility for them. The court noted that the consequences of a dog bite can last a lifetime.
As quoted by law portal Bar and Bench, the court also raised a pointed question during the hearing. It asked who should be held responsible if a nine year old child is killed by dogs that are being fed by a specific organisation, and whether such an organisation should not be made liable to pay damages.
Court questions arguments on animal empathy
In an earlier hearing on January 7, the Supreme Court had pushed back against the argument that showing empathy towards animals prevents attacks. Senior advocate Kapil Sibal, appearing for the petitioners, had argued that animals do not attack if they are treated kindly and that incidents occur only when their space is disturbed.
Responding to this, Justice Vikram Nath pointed out that the issue goes beyond actual bites and includes the fear and threat posed by dogs. He observed that it is impossible for ordinary citizens to judge the temperament or mood of a dog at any given moment, especially in public spaces.
Sibal suggested that unruly dogs could be reported to authorities, sterilised, and then released back into the area. However, the bench remained concerned about public safety, particularly in crowded or sensitive locations.
The matter is being heard by a three judge bench of the Supreme Court of India comprising Justices Vikram Nath, Sandeep Mehta and N V Anjaria. The court has repeatedly expressed serious concern over the dangers posed by stray animals on streets and highways.
In a previous order issued on November 7 last year, the Supreme Court had directed that stray dogs be removed from institutional premises such as schools, hospitals, sports complexes, bus terminals and railway stations. It had ordered that these animals be relocated to designated shelters after undergoing sterilisation and vaccination.
