Recently, the Orissa High Court, in response to a PIL concerning the presence of stray dogs in residential areas, ruled in favor of a man who tragically lost his only son in a canine attack. The court mandated compensation of ten lakh rupees for the bereaved father.
The division bench, comprising Acting Chief Justice BR Sarangi and Justice Murahari Sri Raman, mentioned that the Municipal Administration's action of providing Rs. 50,000 to the parents of the deceased son appeared to absolve themselves of responsibility. The bench expressed anguish that despite this gesture, no further remedial measures were taken, which they found painful.
"Payment of compensation for the incident that occurred on December 1, 2016 is not a matter of showing sympathy, obligation, or compassion. Rather, it is to be seen whether the parents, who have lost their only child, are adequately compensated for the irreparable loss or damages caused to them due to negligence and callous attitude of the Municipal Administration," said the bench.
The court emphasized the pivotal role of personal liberty in the lives of citizens, highlighting that the essence of the guaranteed right under Article 21 of the Constitution lies in the people's ability to enjoy a quality life.
The court referenced a series of Supreme Court orders regarding the fundamental rights of citizens and asserted that the state bears the responsibility of ensuring its citizens' right to life with human dignity. It further emphasized that the absence of adequate protection indicates a failure on the part of the State and its instrumentalities in fulfilling their duty as outlined in the Constitution of India.
Consequently, the high court ruled that the street dogs' attacks within the Puri Municipality area fell under the jurisdiction of the Odisha Municipal Act, 1950. It highlighted that the statutory responsibility for maintaining the cleanliness of the town and managing stray dogs and pigs rested with the Municipal Authorities. Therefore, the court directed the Puri Municipal Corporation to provide compensation to the parents of the victim.
The petitioner for the current PIL, Advocate Bibhuti Charan Mohanty, became aware of the tragic situation faced by the deceased child's parents after reading about the incident in newspapers.
Advocate Mohanty, in his plea, requested the concerned parties to take effective measures to regulate and manage the stray dogs within residential areas to safeguard human lives. Additionally, he appealed for the payment of Rs.10 lakhs in compensation to the family of the deceased child.
Case Title: Bibhuti Charan Mohanty v. State of Odisha and Ors
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