The Hindu : 'BMP duty-bound to destroy stray dogs'

Online edition of India's National Newspaper
Wednesday, Mar 12, 2003

Southern States

Southern States - Karnataka-Bangalore

'BMP duty-bound to destroy stray dogs'

By Our Staff Reporter

BANGALORE March 11. Describing the Animal Birth Control (ABC) programme as ultra vires of the provisions of Animal Act, 1960, the Lokayukta, Justice N. Venkatachala, has directed the State Government to make Bangalore Mahanagara Palike (BMP) "get stray and ownerless dogs summarily destroyed.'' He has described the ABC programme to curb the street dog menace as "misplaced zeal for dogs at the expense of humans.''

In a 70-page report to the Government on a petition filed by Dhananjaya of Stray Dog Free Bangalore, a voluntary organisation, which was sent today, the Lokayukta said the BMP was duty-bound to destroy stray dogs under sub-section (12) of Section 58 of the Karnataka Municipal Corporations Act, 1976.

He sought strict compliance with the provisions in order to enable residents and visitors to the City to move freely without fear of being bitten by these animals, the numbers of which were increasing.

He sought the appointment of an official to carry out the directive if the BMP failed to implement it.

Mr. Justice Venkatachala sought the cancellation of the BMP resolution dated August 9, 2002, which wanted the destruction of only 25 per cent of dogs with diseases, and said ownerless animals must be put to sleep.

He took exception to the "unwarranted threatening'' letters written by the former Union Urban Development Minister, Jagmohan, and two officers of the Union Government asking the BMP not to implement the resolution. The letters had warned the BMP Commissioner that he would be causing cruelty to animals under the Animals Act, 1960, if the resolution was implemented.

Mr. Justice Venkatachala held that the ABC Rules were ultra vires of the municipal laws in India which made it an obligatory function of municipalities to destroy stray dogs for "saving human beings from becoming victims of rabies.'' The letters were being used as a lame excuse by the municipal authorities to hide their failures to control the street dog menace, Mr. Justice Venkatachala said. "It is unfortunate that the said minister and officers of the Central Government should have sought to impose their personal or sentimental views, which may be their predilections, or even their honest beliefs...''

The Lokayukta asked the State Government to direct the BMP Commissioner to ignore "the unwarranted threats posed to him in the said letters.''

Mr. Justice Venkatachala pointed out that relevant sections of Animals Act had clearly stated that its provisions did not apply to "the destruction of stray dogs in lethal chambers or by such other methods as may be prescribed.''

These words gave no scope for making ABC (Dogs) Rules, which had sought to dilute the power to destroy stray dogs, vested by municipal laws.

Mr. Justice Venkatachala indicted the BMP Commissioner, M.R. Srinivasamurthy, not only for failing to make the BMP discharge its duty to end the stray dog menace but also for showing disregard for the increasing deaths of residents of Bangalore caused by stray dog bites.

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