Dog Bites and Animal Attacks
Problem: Dog Bites and Animals Attacks Under the Indian Legal System
Dog bites as well as attacks by wild animals have been more and more reported in India. The injuries inflicted were as serious as they could be, with significant psychological effects on the victim. However, this also brings out unknown legal implications of such attacks to many who may suffer from it.
To add to that complexity, there are a few individuals who have no idea about it, so victims usually end up unaware of their right over compensation. Laws in India regulate many injuries and personal damage caused due to bites and other attacks by dogs and animals.
For instance, India does not have a homogeneous law all over the country that defines dog bites and animal attacks, and therefore its handling still lags behind to the actual desired outcome. In the absence of proper guidelines, victims face great difficulties in getting justice, as most of the cases go unreported or unnoticed.
Agitate: Real Impact of Dog Bites and Animal Attacks in India
Dog bites and animal attacks are something more common than many might think. According to data, between 2019 and 2022, there were more than 17 million dog bites in India. Additionally, more attacks are witnessed from stray dogs as their lack of control exacerbates the situation on the streets.
Victims even undergo painful injuries, infections, and death in extreme cases. Rabies is a viral infection due to which bites of dogs are a major cause, and India still accounts for many deaths every year from this disease.
A very high-profile case of a dog bite that eventually turned into litigation was that of a 12-year-old boy in Mumbai in the year 2017.
He was bitten by a street dog, and he received severe laceration wounds on the face. The case was filed against the municipal authority on the grounds of it failing to keep the stray dogs under control in that locality. Here too, it highlighted to the masses the power of the local authorities under the Indian law system dealing with similar cases and can be referred to for precedents in such cases in the future.
The animal attacks are not confined to stray dogs alone. Even domestic and wild animals such as cattle, monkeys, and even elephants have caused injuries to many people. In rural areas, wild animals have attacked the farmers and seriously injured them sometimes causing death also. In such cases, the injured person can also seek compensation under specific provisions of Indian law.
But navigating the legal system is certainly not always easy. Victims face bureaucratic obstacles, long court procedures, and inefficient legal assistance. Even in case claims are filed by the victims for personal injuries, compensation is offered with wide variation as per the case’s details, which throws more complexities in the legal scenario.
Legal Rights and Remedies for Dog Bites and Animal Attacks in India:
Claims for injury from bites and attacks by dogs and animals in India are covered by multiple legal bodies. Injury claims might come in forms of injury, pain, and suffering. The major avenues for redress through law are the law of torts or civil wrongs, criminal law, and municipal regulations.
Here is how the legal framework addresses the incidents below:
1. Law of Torts
The law of tort is the remedy where dog bites and animal attacks have resulted in personal injury. In tort law, one can file a civil suit while claiming damages for injuries that are caused as a result of another person’s negligence.
For example, if a dog owner fails to restrain his pet, then the victim may bring a suit against the owner under the principle of negligence.
One such case in the series is Animal Welfare Board of India v. A. Nagaraja & Ors. (2014), which has settled the point of law as to the liability of the pet owner in India. The Supreme Court of India held that pet owners are responsible for the damages inflicted by their pets, even if committed unintentionally. This case will be a landmark in future disputes at law about attacks by animals.
2. Criminal Law
Dog bites and animal attacks could, in some instances, result in criminal charges, especially if the animal was provoked or has been let loose by the owner. Indian Penal Code section 289 criminalizes a person who causes harm resulting from careless handling of animals. A person found to have been careless is either required to spend time in prison or pay a fine. They can even lodge criminal complaints besides a civil suit against them.
3. Municipal Laws
Local authorities, that is, municipalities are also mandated with the problem of stray animals. Various Municipal Corporation Acts require the local authorities to tackle the stray dog menace and ensure public safety. Even if the gross negligence on part of the municipality leads to attacks by animals, cases can still be filed.
One of the most common examples is the 2019 judgment pronounced by the Bombay High Court, ruling that the BMC had to compensate a female who had suffered the bites of a stray dog due to the failure of the corporation to control stray dogs in that specific area.
4. Compensation to Victims
Courts in India have ordered compensation for those injured by dogs by claiming injury under the head. Compensation might include items such as doctor’s fees, loss of earnings, psychological trauma, pain and suffering, etc. In the preceding case from Mumbai, compensation was significantly awarded to the patient that covered his long-term treatment and rehabilitation charges.
Of course, aside from these, the courts have also strictly held dog owners liable for damages created by their pets, which only meant that they are always liable regardless of whether or not they had taken reasonable care to avoid attacks.
5. what to do if you are a victim of dog bites or animal attacks
If you, or a loved one, have been a victim of a dog bite or an animal attack, the process below must be adhered to, to ensure legal recourse. No Immediate medical attention is important to prevent any infections or complications, primarily since rabies could have been a factor. Provided they are treated sooner, the medical records will also serve as your proof in court.
o File a Police Complaint: You must report the case to the police. However, if you have the feeling that there is negligence or criminal intent, you should seek appropriate legal redresses. Then, a record will be created with the local police.
o Collect Evidence : Take a photograph of injuries, the injured animal and the time when witnesses saw the accident take place. For a lawsuit, such evidence will become crucial.
o Dog Bites and Animal Attacks Talk to an attorney who specializes in personal injuries mainly involving dog bites and animal attacks. They will ensure you are counselled appropriately on the way forward, and probably assist in presenting the civil or criminal case depending on how your case develops.
o i File a Compensation Claim: Depending upon the intensity of the attack and injuries caused, the victim can file a compensation claim against the attacker by filing a civil lawsuit or municipal claim. A lawyer can help determine the proper amount of compensation to file for.
Conclusion:
Indian Laws Provide Protection Against Dog Bites and Animal Attacks
Indian law provides numerous accessible avenues of compensation and remedy to the victims of dog attacks or animal attacks. The victims can press charges against the responsible parties through tort law or file cases involving criminal actions or claims upon the municipal authorities. However, to litigate against responsible parties, legal processes have to be navigated, so it is indeed very important for the victims to be well aware of their rights and what course of action should be pursued after an incident.
As instances of dog bites and animal attacks multiply, both the government must bring stricter animal control measures while people are made aware of their rights. Such legal provision awareness enables the victims to make claims and eventually get justice and compensation due to them.
Disclaimer:
Note that this is an information publication and not legal advice. It should not be read as any form of reliable source of legal advice and all readers are encouraged to contact qualified legal professionals for case-specific information regarding dog bites and attacks by animals under Indian law.
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