Authorities puzzled over invoking Section 133 to cull stray dogs

Only 17,987 stray dogs have been sterilized in nearly 9 months starting from September 2022 to June 11 this year. Photo: Manorama

Thiruvananthapuram: The authorities are reportedly uncertain about enforcing Section 133 of the Code of Criminal Procedure (CrPC) to cull stray dogs which pose a threat to the public.

According to legal experts, the statute only applies when domesticated dogs pose a danger.

The high-level meeting convened by the state government the other day had decided that Section 133 of CrPC could be invoked to kill aggressive stray dogs.

At present, there are no practical measures to cull stray dogs. However, taking the canine attacks, which are steadily on the rise, into consideration, the state government decided action could be taken under Section 133.

Individuals can approach the Subdivisional Magistrate to file complaints about aggressive stray dogs in their area.

Local Self-Government Minister M B Rajesh has clarified that either the Revenue Divisional Officer or the District Collector can give permission to cull the dogs.

However, legal experts point out that an individual cannot complain about a stray dog attack under this section of the CrPC. Killing stray dogs is prohibited as per law and, moreover, the case in this regard is still under the consideration of the Supreme Court.

Section 133 deals with "a conditional order for removal of nuisance'. It envisages that "any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public." 

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