Kerala High Court Stays Govt Order Allowing Euthanasia Of Stray Dogs; Stresses Need To Balance Human Rights & Animal Rights
The Kerala High Court has deferred the Government of Kerala's decision to implement euthanasia of stray dogs under the Prevention of Cruelty to Animals (Animal Husbandary Practice and Procedures) Rules, 2023.Justice C.S Dias, hearing a batch of writ petitions addressing the growing number of stray dog attacks in Kerala, issued a common order, staying clause 9 of the Government Order, which...
The Kerala High Court has deferred the Government of Kerala's decision to implement euthanasia of stray dogs under the Prevention of Cruelty to Animals (Animal Husbandary Practice and Procedures) Rules, 2023.
Justice C.S Dias, hearing a batch of writ petitions addressing the growing number of stray dog attacks in Kerala, issued a common order, staying clause 9 of the Government Order, which cited Rule 8 of the 2023 Rules allowing euthanasia under specific conditions.
Rule 8 permits euthanasia of animals under two circumstances:
(i) If the animal is mortally injured or so diseased that keeping it alive would be cruel, based on certification by a registered veterinary practitioner.
(ii) If a government authority determines that the animal poses a risk of spreading diseases.
Referring to the decisions in Ajayan M R and Ors v State of Kerala and Ors [ 2015 (5) KHC 752] and the Supreme Court's decision in Animal Welfare Board of India v People for Elimination of Stray Troubles 2024 LiveLaw (SC) 434], the Court held that government's decision to implement Rule 8 of the Prevention of Cruelty to Animals, 2023 cannot be permitted.
While recognising the necessity of animal welfare, the Court reiterated the importance of striking a balance between animal welfare and public safety. Citing Constitutional provisions - particularly Article 21, which guarantees the right to a dignified life - the order emphasized that humane treatment of animals must not compromise public safety.
The Court referred to multiple ruling, including the Supreme Court judgment in Animal Welfare Board of India v Union of India [2023 LiveLaw (SC) 447], reiterating the animals do not enjoy fundamental rights under the Constitution, although legislations can safeguard their welfare through human responsibility.
The Principle Secretary of the Local Self Government Department, State Police Chief, and State Disaster Management Authority were directed to furnish detailed reports on dog bite incidents, criminal cases under Bharatiya Nyaya Sanhita, and compensation schemes for animal attacks, respectively.
The Court has appointed Senior Advocate Deepak P as amicus curiae to assist the Court in further proceedings.
The case is posted to 19 August, 2025.
Case Title - Keerthana Sarin v State of Kerala and Connected Cases
Case No - WP(C) 21206/ 2025 and connected cases