Local bodies liable to pay compensation for stray dog attacks, says Kerala HC

KOCHI: Local self-government institutions are liable to pay compensation to people who fall victim to stray dog attacks, the Kerala High Court has held. The court said controlling stray dogs is a statutory responsibility of local bodies and that authorities would have to answer for any failure in discharging their duties.

A Division Bench comprising Justice Satish Ninan and Justice P. Krishna Kumar made the observation while dismissing an appeal filed by Eruvessy grama panchayat in Kannur against orders awarding ₹10,000 compensation to a 70-year-old man who was bitten by a stray dog on a road in 2007.

The court said local bodies were responsible for making arrangements to capture and sterilise stray dogs. The law also requires them to constitute monitoring committees and conduct a census of dogs. Authorities cannot evade their responsibilities on the ground that they lack funds, the court said. It also observed that every citizen has the right to use public roads safely.

The requirement under the Panchayat Raj Act that a case be filed within six months in the event of a dog attack would not apply in such cases, the High Court said. The Limitation Act provides that a person can approach a court within three years seeking compensation for problems caused by the negligence of authorities, it said.

The court also disagreed with observations made by a single bench in a 2007 case involving the Kozhikode Corporation that local bodies could not be held liable for such isolated incidents.

Responsibility towards public road users

• The authorities exercising control over public roads have a responsibility towards those who use them.

• Local bodies have a mandatory duty to issue licences for pet dogs and control stray dogs. Such duties must be discharged in accordance with the birth-control rules.

• Under Rule 6(2) of the Dog Rules, trained personnel can be engaged to capture, sterilise, and immunise street dogs. Authorities must also ensure that pet dogs are licensed.
• If there is an increase in the stray dog population, sterilisation and preventive vaccination are essential. Authorities are bound to take action even in the absence of complaints. They cannot evade responsibility on the ground that other departments are also required to participate.