The state of Goa has been experiencing a significant increase in its stray dog population, leading to concerns regarding public safety, health, and the impact on tourism. Reports of aggressive behaviour by stray dogs have been documented in various regions, necessitating a comprehensive examination of the legal frameworks governing this issue. At the same time, the issue requires a compassionate approach that respects the rights of these animals while ensuring the safety and well-being of citizens.
Legal framework in Goa:
1. Goa Municipalities Act, 1968: This Act mandates municipal councils to manage and control stray animals within their jurisdictions, including the implementation of measures such as impounding and, if necessary, the humane euthanasia of stray dogs.
2. The Prevention of Cruelty to Animals Act, 1960: A central legislation that prohibits the infliction of unnecessary pain or suffering on animals, applicable nationwide, including Goa.
3. Goa State notifications and circulars:
- Policy for Street and Pet Dog Caregiving, 2024: Issued on 12th September 2024, this policy provides guidelines for the care and management of street and pet dogs, emphasising community involvement and responsible caregiving practices.
- DSPCA – Animal Welfare & Rescue Scheme (Revised), 2024: This scheme outlines the responsibilities of District Societies for the Prevention of Cruelty to Animals (DSPCA) in Goa, detailing procedures for animal welfare and rescue operations.
Judicial precedents by State High Courts:
1. Dr. Maya D. Chablani v. Smt. Radha Mittal & Ors. (2021): The Delhi High Court addressed the issue of feeding stray dogs in residential areas, balancing the rights of animal feeders with the concerns of other residents. The Court ruled that community dogs have the right to food, and it is the duty of civic authorities to regulate feeding in a manner that does not cause nuisance to the public.
2. Sai Bhairavalaya Animal Welfare Trust v. Executive Officer (2022): The Madras High Court dealt with the maintenance of stray dogs in residential areas without proper authorisation, highlighting the need for adherence to local regulations and ensuring public health concerns are adequately addressed.
Animal rights and welfare considerations:
Indian law recognises animal rights through various statutes and judicial pronouncements. The Prevention of Cruelty to Animals Act, 1960, serves as the cornerstone for animal welfare, prohibiting acts of cruelty and mandating the humane treatment of animals. Judicial interpretations have further expanded these rights, highlighting the duty of care owed to animals by individuals and the state.
Organisations such as the Animal Welfare Board of India (AWBI) advocate for humane methods of controlling stray populations, such as the Animal Birth Control (ABC) programme, which focuses on sterilisation and vaccination rather than culling.
Supreme Court precedents:
The Supreme Court of India, in Animal Welfare Board of India v. A. Nagaraja & Ors., (2014) 7 SCC 547, recognised the intrinsic rights of animals under the Constitution, affirming that animals are entitled to live with honour and dignity. The Court highlighted the duty of the state and citizens to ensure the well-being of animals, aligning with the principles enshrined in the Prevention of Cruelty to Animals Act, 1960. The judgment further stressed the importance of a balance between human and animal interests and underscored the need for sustainable solutions in managing stray dog populations.
International legal framework:
1. Universal Declaration on Animal Welfare (UDAW): An international initiative that encourages nations to adopt measures ensuring the welfare of animals, promoting humane treatment and responsible ownership.
2. World Organisation for Animal Health (OIE) Guidelines: These guidelines provide standards for animal health and welfare, including recommendations for the control of stray dog populations through humane and sustainable methods.
3. European Convention for the Protection of Pet Animals: A treaty that sets out principles for the care and welfare of pet animals, advocating for measures to reduce the number of stray animals humanely.
Roadmap for mitigating the stray dog Issue in Goa:
To address the stray dog problem in Goa effectively, a multifaceted approach is essential:
- Enhanced Sterilisation and Vaccination Programmes: Strengthening existing initiatives to control the stray dog population humanely, thereby reducing the incidence of aggressive behaviour and disease transmission.
- Public Awareness Campaigns: Educating the community on responsible pet ownership, the importance of sterilisation, and the legal implications of abandoning pets. A well-informed public can contribute significantly to reducing the stray population in the long term.
- Community Involvement: Encouraging local communities to participate in feeding and caring for stray dogs responsibly, in designated areas, to prevent territorial aggression and ensure public safety.
- Infrastructure Development: Establishing shelters and rehabilitation centres for stray dogs, providing medical care, and facilitating adoption programmes to reduce the number of animals on the streets.
- Legal Enforcement: Implementing and enforcing existing laws and policies effectively, holding individuals accountable for acts of cruelty or negligence towards animals.
A humane approach to coexistence:
Solving the issue of stray dogs in Goa is not solely a matter of enforcement but also of fostering a culture of coexistence. Stray dogs, like all animals, are sentient beings that deserve dignity and care. A combination of legal enforcement, public participation, and compassionate interventions can pave the way for a balanced solution that respects both human and animal rights.
The people of Goa have long been known for their compassionate outlook, and with the right mix of legal policies and community efforts, a harmonious relationship between humans and stray dogs can be achieved. While concerns over safety and hygiene are legitimate, addressing them should not come at the cost of cruelty.
Instead, well-structured and humane solutions can transform the stray dog issue into an opportunity to showcase Goa's commitment to animal welfare and responsible governance.
By adopting a comprehensive and compassionate strategy, Goa can effectively mitigate the challenges posed by stray dogs, ensuring the safety and well-being of both its human and animal inhabitants.
