BANGALORE: The Union Government on Monday submitted to the Karnataka High Court that indiscriminate culling of stray dogs in Bangalore was not an appropriate solution to the problem and that "mass destruction" of dogs was not an answer to the spread of zoonotic diseases and danger of dog bites.

Additional Solicitor-General of India Aravind Kumar made these submissions in its statement of objections filed on a public interest litigation (PIL) petition by a resident of Bangalore, B. Krishna Bhat, seeking a direction to the authorities to stay the operation of Rule 7 of Animal Birth Control (ABC) rules, dealing with capture, sterilisation, immunisation and release of stray dogs.

Mr. Bhat said that he had filed the petition after the death of an eight year-old girl in Bangalore from dog bite and the menace of street dogs.

He said that some of the provisions of ABC rules, under which all animals, including street dogs, are classified as unfriendly to human beings. While some provisions of the ABC are unworkable, others are in direct conflict with the liberty and life of a citizen and violates Article 21 of the Constitution.

Citing several instances and enclosing reports published in the newspapers, he said that several people in and around Bangalore had suffered from dog bites and that the Bruhat Bangalore Mahanagara Palike (BBMP) had been lax in tackling the issue.

The sterilisation of stray dogs, he said, had not ended the menace of street dogs. Instead, such dogs had become more ferocious and this is clear from the increased attacks on people.

Citing reports from The Hindu, he said 16 persons, including a six-year-old boy and an 80-year-old woman in Lakshmanapuri slum were bitten by a stray dog on March 31, 2006. On December 5, four children were bitten by a dog in Chandra Layout and on January 5, 2007 an eight year-old girl was bitten to death by stray dogs in Chandra Layout.

In its response, the Centre in a 23-page statement, said a multi-pronged approach must be adopted to tackle the menace.

This would include, among others, sterilisation and immunisation of dogs as well as its capture and handling.

It said compassion towards animals is a constitutional mandate and urged the court to issue directions to the State Government and municipalities to take steps within the parameters of the Prevention of Cruelty to Animals Act.

It said the ABC rules are not intended to jeopardise human life, but mainly meant to treat animals with compassion, care and humanness.

A Division Bench comprising Justice Chidanand Ullal and Justice Ashok B. Hinchigeri adjourned further hearing on the matter and asked the BBMP to inform the court about if it had an action plan on tackling stray dogs.

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