GHMC Commissioner asserts legislative authority to deal with stray dog menace

GHMC Commissioner asserts authority to control stray dog menace through legal provisions, citing public health concerns and safety issues.

The Commissioner of the Greater Hyderabad Municipal Corporation, through a landmark affidavit submitted to the Telangana High Court recently, has asserted the corporation’s authority and discretion under pertinent laws to deal with the stray dog menace.

The affidavit submitted by GHMC Commissioner K. Ilambarithi elaborated on various measures taken up by the civic body towards implementation of ABC (Animal Birth Control) rules, and control of canine population in the city, before getting down to the legal aspects of the issue.

Mr. Ilambarithi mentioned exemptions to the Section 11 of the Prevention of Cruelty to Animal Act, 1960, which include, among others, the killing of dogs in lethal chambers or by such other methods as may be prescribed, and also “the extermination or destruction of any animal under the authority of any law for the time being in force”. Section 11 describes various instances of cruelty to animals which are punishable under the Act.

He also invoked relevant provisions of the GHMC Act, 1955, which authorise the commissioner to kill dogs on which nobody has any claim. Section 249 enjoins the commissioner to grant licence for the pet dogs, and also authorises him to seize the dogs without such licence.

“It is submitted that under the aforesaid enactments, one of which a Central Enactment, and the other is a State Enactment, destruction of the stray dogs through euthanasia under the supervision of veterinarian is permissible and it’s a legislative mandate,” the affidavit read.

Mr. Ilambarithi, who possesses a masters degree in veterinary science, and another in public health, cited World Health Organisation to say that India is endemic for rabies, and accounts for 36% of the world’s rabies deaths. About 30-60% of reported rabies cases and deaths in India occurred in children under the age of 15 years.

He also quoted the laws in place in developed countries such as United Kingdom where euthanasia is a permitted procedure for stray dogs, provided it is done by causing as little pain as possible.