Stray Dogs in India: Balancing Animal Welfare and Public Health

Introduction

Stray dogs have emerged as a critical problem in India, posing a challenge to animal welfare and a substantial threat to public health. The transmission of the fatal rabies virus, through dog bites, continues to claim the lives of thousands throughout the nation. India has a robust legal framework that aims to safeguard animals, especially stray dogs. However, implementing this framework has been challenging due to legal obstacles and the impact of animal rights activists, limiting efforts to manage the stray dog population and mitigate the associated public health risks. This blog delves into the intricate landscape surrounding stray dogs in India, examining the legal intricacies, relevant case precedents, and necessary reforms to address this multifaceted issue effectively. 

1. The Growing Threat of Stray Dogs

The issue is significant, with estimates indicating that India accommodates around 25-28 million stray dogs, with a  majority of them not vaccinated against rabies. Rabies cases in India are almost always attributable to stray dogs, thus constituting a crucial public health problem. It is crucial to outline the ramifications of rabies as the World Health Organisation (WHO) estimates that approximately 30,000 individuals pass away due to this disease each year in India within the global range of 40,000 to 70,000 fatalities. Moreover, the severity of the issue is underscored by the revelation that nearly 96% of rabies cases in India occur due to bites from stray dogs.

This problem extends beyond the loss of life that rabies causes. Each year, approximately 2.2 million people in India experience animal bites from species such as dogs, cats, monkeys, mongooses, and jackals. While over one million individuals receive treatment for these bites, a significant proportion remains untreated. This highlights the pressing requirement for comprehensive measures to control rabies, necessitating the resolution of legal hurdles presented by animal rights advocates. 

II. Legal Hurdles to Stray Dog Control

One of the major obstacles to managing the stray dog population and tackling the rabies crisis is the current legal framework. As per the Animal Birth Control Rules 2001, municipal authorities in India are prohibited from euthanising healthy stray dogs. This regulation was introduced in response to lobbying from animal rights groups. While the objective of the regulation may have been to safeguard animals, it has inadvertently impeded efforts to manage the escalating number of stray dogs. Moreover, the trapping programmes for dogs that municipal corporations have established have demonstrated to be ineffective. In 2000-2001, merely 983 stray dogs were apprehended and then handed over to non-governmental organisations for sterilisation. The incompetence of this strategy is clear as municipal authorities do not possess sterilisation facilities, and non-governmental organisations have inadequate capacity to address the extent of the predicament.

Controlling stray dogs in India is not only hindered by legal issues, but also by the type of rabies vaccine used. India still administers an outdated nerve tissue vaccine to combat rabies, despite its neurotoxic and painful side effects for patients who require ten shots. The vaccine has been linked to neuroparalytic complications in a substantial number of cases. Although the World Health Organisation advised to discontinue the use of nerve tissue vaccines and set in motion the adoption of safer tissue culture vaccines as early as 1992, India’s progress has been hampered by regulatory barriers. The drugs controller in India has not authorized the application of tissue culture vaccines intradermally. 

Additionally, Section 11 of the PCA Act’s penalties for animal maltreatment frequently fail to deter perpetrators, allowing repeated acts of cruelty to occur. Unregulated breeding of stray animals worsens the issue. Conducting sterilization campaigns is necessary to control their population growth. The growing population of strays is partly due to pet owners deserting their animals. During the COVID-19 pandemic, the rate of abandonment may have increased, owing to financial difficulties and the demise of pet owners. Some perceive stray animals as a nuisance and use violence against them. Common myths regarding strays, including carrying rabies and displaying aggression, contribute to this hostility.

III. Legal Framework 

India boasts a comprehensive legal framework to safeguard the rights and welfare of animals, including stray animals. Some of the key legislations and initiatives include:

1. The Indian Penal Code (IPC): Sections 428 and 429 of the IPC penalize acts of cruelty towards animals. These sections cover offenses such as killing, maiming, poisoning, or rendering animals unusable. While these laws exist, their enforcement and penalties need enhancement. The case of Animal Welfare Board of India v. Nagraja & Ors. (2014) emphasized that the Right to Life under Article 21 of the Indian Constitution extends to animals as well.

2. The Prevention of Cruelty to Animals Act, 1960 (PCA Act): This is a significant piece of legislation protecting animals against cruelty. Section 11 of the PCA Act outlines specific offenses and punishments for acts of cruelty against animals. The PCA Act was invoked in the case of Gauri Maulekhi v. Union of India & Ors. (2014), where the Supreme Court of India issued directives to prevent cruelty to stray dogs.

3. Animal Birth Control Program (ABC Program): This initiative focuses on the humane management of stray dog populations. It involves capturing, neutering, vaccinating, and releasing stray dogs to their respective areas. In the case of Stray Dog Free Bangalore & Anr. v. State of Karnataka (2016), the culling of stray dogs in Bangalore was questioned and highlighted the challenges faced by municipal authorities attempting to control the stray dog population while complying with animal rights regulations

4. Constitutional Provisions: Article 51A of the Indian Constitution imposes a duty on citizens to exhibit compassion for all living creatures. Article 48A mandates the state to protect and enhance the environment.

5. Animal Welfare Organizations: Organizations like People for Animals play a crucial role in promoting animal welfare, providing support, and raising awareness.

IV. Proposed Reforms

To tackle the issues presented by stray dogs in India while taking into account both animal welfare and public health, multiple reforms are needed.

1. It is essential to reassess the Animal Birth Control Rules 2001 to strike a balance between stray dog welfare and public health. One possible solution is to revise the Animal Birth Control (Dogs) Rules, 2001 under the PCA Act, to allocate more funds for sterilization initiatives. Provisions could be made for the humane euthanasia of aggressive or rabid dogs, alongside promotion of responsible pet ownership and vaccination programs.
2. It is crucial that the intradermal administration of tissue culture vaccines is given expedited approval, in order to provide a safer and less painful rabies vaccination process. This could potentially encourage more individuals to seek treatment after dog bites.
3. A Comprehensive Rabies Control Program should be implemented. It is essential to introduce a comprehensive rabies control scheme in India. This scheme must cover mass dog vaccinations, public awareness campaigns, and healthcare facilities that are easily accessible for bite victims. 
4. To control the populations of stray animals, the government should fund sterilization and vaccination programmes, similar to the CNVR programme in the Netherlands. Animal welfare must also be considered in this scheme.
5. Awareness campaigns should concentrate on educating the public about the rights and welfare of stray animals. Incentives may be proposed for the adoption of strays instead of purebred dogs. Provisions for public awareness campaigns and incentives for adopting strays can be included in the PCA Act.
6.  To discourage animal cruelty, Section 11 of the PCA Act needs to be revised to impose harsher penalties, including imprisonment and large fines. Amendment to Section 11 of the PCA Act is necessary to raise penalties for animal cruelty.
7.  Legislation ought to be implemented to decrease pet abandonment rates, by introducing stricter regulations on responsible pet ownership and breeding. There is a need to introduce a new law or amendment to tackle pet control and responsibility.
8. Additionally, shelter and rehoming initiatives must be considered. Establishing shelters to provide shelter and care for stray animals is imperative, and it is equally important to encourage initiatives for rehoming strays. Adequate allocation of funds and development of a sound legal framework for shelters and rehoming projects are necessary for their success.

Conclusion

Stray dogs in India pose a significant risk to public health as they transmit rabies. The efforts to address this issue effectively have been hindered by legal challenges from animal rights activists. To achieve a balance between animal welfare and public health, it is vital to reassess existing legal provisions, consider relevant case laws, and implement comprehensive measures to control rabies. The welfare of both humans and animals is dependent on a comprehensive strategy that guarantees the security of communities whilst advocating ethical treatment of animals. Achieving an equilibrium between these considerations is paramount to effectively tackling the intricate conundrum of stray dogs in India. Despite considerable progress in animal welfare measures, the existence of stray animals persists as a significant issue. The current legal framework requires significant overhaul, including the implementation of harsher penalties for instances of cruelty towards animals, the promotion of responsible pet ownership, and the management of stray populations. By undertaking these steps in a comprehensive and balanced manner that takes into account both animal welfare and public health considerations, India may establish the groundwork for a more harmonious and secure cohabitation with its stray animals.

The Author, Ritikaa HR, is a 2nd Year law student at Damodaram Sanjivayya National Law University, Vishakhapatnam.