Can't be oblivious of harsh reality that children are mauled, elderly attacked by stray dogs: SC

The Supreme Court on Tuesday said it cannot remain oblivious to the ''harsh and deeply disturbing'' ground realities emerging from various parts of the country, where young children have been mauled, elderly persons have been attacked by stray dogs and pulled up the state governments for failing to take requisite safety measures.

A bench of justices Vikram Nath, Sandeep Mehta and NV Anjaria said governance, in its true sense, demands anticipatory planning, timely execution and sustained adherence to statutory mandates, particularly in matters bearing upon public health and safety.

''This court cannot also remain oblivious to the harsh and deeply disturbing ground realities emerging from various parts of the country, where young children have been mauled, elderly persons have been attacked, ordinary citizens have been left vulnerable in public spaces and even international travellers have fallen victim to such incidents,'' the top court said.

It said that material on record reveals a pervasive and deeply concerning pattern across several states and Union territories, namely, the glaring inadequacy of infrastructural capacity to effectively respond to a situation of such unprecedented magnitude.

''The states and Union territories cannot, therefore, plead helplessness in the face of an emergent situation of this nature. Governance, in its true sense, demands anticipatory planning, timely execution and sustained adherence to statutory mandates, particularly in matters bearing upon public health and safety.

''The continued inadequacy of infrastructure, despite the existence of a well-defined legal framework, reflects a systemic lack of institutional prioritisation and administrative will, which cannot be countenanced any further,'' the bench said.

The top court in its 131-page verdict said it is incumbent upon the authorities concerned to recognise that issues of this magnitude require proactive, coordinated and time-bound interventions, and not ad hoc or reactive measures.

''The failure to do so not only undermines the efficacy of the statutory regime but also erodes the ability of the State to discharge its constitutional obligations,'' it said. While highlighting that repeated incidents of stray dog attacks continue to surface even after the issuance of directions by this court, the bench said it demonstrates that the administrative machinery tasked with implementation at the field level has remained grossly inadequate and, in several cases, lacking in seriousness and accountability. ''The continued recurrence of such incidents despite repeated judicial intervention reflects a disturbing degree of administrative inertia which this court cannot permit to persist any further. Where State authorities fail to discharge their constitutional and statutory obligations despite repeated warnings and directions, constitutional courts would be fully justified in adopting stricter supervisory and coercive measures to secure compliance,'' it said.

The bench said if such conditions are permitted to continue unchecked, the inevitable consequence may lead to a regression towards a state where the Darwinian theory of evolution, namely, the survival of the fittest would effectively govern civic life and public spaces.

''Such a situation would be wholly incompatible with a constitutional democracy governed by the rule of law. The Constitution of India does not envisage a society where children, elderly persons and vulnerable citizens are compelled to survive at the mercy of physical strength, chance or circumstance owing to the failure of the State machinery to discharge its constitutional and statutory obligations.

''The fundamental guarantee under Article 21 of the Constitution of India exists precisely to ensure that the weak and vulnerable are afforded equal protection of life, safety and dignity under the constitutional order,'' it said.

The top court said the responsibility of ensuring compliance with the directions issued by this court must cascade across all levels of administration, from the state governments down to municipal authorities, panchayati raj institutions and local bodies.

''Effective implementation would require coordinated action, regular monitoring, inter-departmental convergence and clearly defined lines of accountability. The role of supervisory authorities, including district magistrates and senior administrative officials, assumes particular significance in ensuring that the directions are not reduced to mere formality but are implemented in their true spirit,'' it said.

The top court refused to accept the contention of the National Highways Authority of India that it is dependent upon the respective state and Union territories for the removal of stray cattle and other animals from highways and expressways and said the obligation to ensure safe, efficient and obstruction-free highways necessarily encompasses the duty to address hazards arising from the presence of stray cattle and other animals.

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