[Stray Dog Attack] Karnataka High Court orders Rs.10 lakh compensation in death of 22-month-old boy

The Karnataka High Court recently ordered Rs. 10 lakh compensation for a 22-month-old boy who succumbed to a stray dog attack in 2018 and Rs. 20,000 for the costs incurred in litigation, to be paid within four weeks, by Zila Panchayat.

Justice Suraj Govindaraj held that there is a public and/or statutory duty vested in the municipal authorities to protect the citizens residing in the area from street dog attacks, and the city authorities are responsible and must follow the court's directions.

The court was hearing a petition filed by a mason, Yusub who lost his 22-month-old son in a stray dog attack in 2018 and sought directions to direct the respondents to sanction compensation for the loss he suffered and medical expenses of his deceased son.

While relying on the court’s judgment in Master Jishnu and others v. BBMP and others (2013), the single-judge bench gave the following directions to the respondent authorities:

1. The Animal Welfare Organisations and the Monitoring Committee as contemplated under the Animal Birth Control (Dogs) Rules, 2001 to ensure complete sterilization and vaccination of all healthy stray dogs, mainly, within the territorial jurisdiction of the Zilla Panchayath, Taluk Panchayat, or Village Panchayat;
2. It is advisable to entrust the responsibility of sterilization and vaccination to NGOs or other agencies in a decentralized manner. A
   Report of their activities must be submitted to the Zilla Panchayath, Taluk Panchayat, or Village Panchayat, regularly for the latter's scrutiny and verification;
3. Stray dogs which are incurably ill or mortally wounded as diagnosed by a qualified veterinarian to be euthanized in terms of Rule 9 of the said ABC Rules, 2001;
4. Furious or dumb rabid dogs to be dealt with in terms of Rule 10 of the said Rules;
5. Dogs that do not come within the scope of Rule 9 or 10 but which are a menace or cause nuisance irrespective of whether there is evidence of such dogs having mauled or bitten children or adults could be exterminated in the manner specified in Rule 9 of the ABC Rules, 2001 under the orders of the Zilla Panchayath, Taluk Panchayat or Village Panchayat;
6. Zilla Panchayath, Taluk Panchayat, or Village Panchayat, must take serious note of complaints concerning unruly stray dogs by
   setting up a complaint cell and act by law and also having regard to the observations made herein above, particularly having regard to Section 11 of 1960 Act read with Rules 9 and 10 of the ABC Rules 2001 in the matter of culling of stray dogs
7. Sterilization and vaccination of stray dogs must be carried out regularly and by holding additional camps for such purpose at the initiative of the Zilla Panchayath, Taluk Panchayat, or Village Panchayat.

Furthermore, Court ordered that a compliance report be filed by the Zila Panchayat within four months and the State shall make all necessary arrangements to provide the requisite funds to it.

Accordingly, Court has re-listed this matter on November 7, 2022, for reporting compliance.

Case Title: Yusub vs. The State of Karnataka and Ors.