The LDF government has discovered a relatively less cumbersome process to legally euthanise "diseased" animals.

Local Self Government minister M B Rajesh, in the presence of animal husbandry minister J Chinchurani, said on Wednesday that local bodies would be asked to "make use of" section 8 of Prevention of Cruelty to Animals (Animal Husbandry Practices and Procedures) Rules, 2023, to give "peaceful" deaths to "mortally wounded" and "diseased"  animals. 

The Section says that mercy killing can be carried out if two conditions are satisfied.  One, the government (local governments, included) has to be convinced that an animal is so diseased that "it could spread the disease". Two, a 'registered veterinary practitioner' then has to certify that the animal is mortally injured or so severely injured or in such a physical condition that "it will be cruel to keep it alive".

The 'mercy killing' policy was declared after a high-level meeting held on Wednesday to discuss the stray dog menace in the state. Health Department figures show that there have been nearly 70 dog bite deaths in Kerala since 2022. 

Earlier, the LDF government had attempted to invoke other statutes to implement the 'mercy killing' of rabid dogs, and failed. Section 133(f) of the Criminal Procedure Code (CrPC) was one. Under this, a 'District Magistrate or a Sub-divisional Magistrate' or 'any other Executive Magistrate' specially empowered by the State Government, on getting a report from the police, can order a dangerous animal to be "destroyed, confined or otherwise disposed of."

This was a complicated way of getting rabid dogs killed because it required police officers to file a report in court. Moreover, the police did not have the expertise to declare an animal "dangerous". "They can say that a building or a tree is dangerous to the public and, therefore, can recommend its removal. But to declare animals as dangerous, they should secure scientific evidence from registered veterinarians. Without this advice, any recommendation to kill an animal can be seen as arbitrary, cruel and insensitive. This can arouse suspicions of mass culling of street dogs," said J Krishnakumar, a lawyer who specialises in animal welfare.

This CrPC section, evidently, did not serve the government's cause. Animal Birth Control Rules, 2023, also has a provision for euthanasia. But these Rules had laid down an elaborate and prolonged process before a "dangerous" animal could be subjected to mercy killing. 

Under the ABC rules, instead of a single veterinary doctor like in the case of Animal Husbandry Practices and Procedures Rules, a team appointed by the five-member Local Animal Birth Control Monitoring Committee (LABCMC) has to first diagnose a dog as "incurably ill and mortally wounded" for the euthanasia to be done. 

But before the diagnosis is made by the "team", there is the time-consuming process of bringing together the Committee that would put in place the "team". The Committee members are: Municipal Commissioner or Executive Officer of the local authority, a representative of the Public Health Department of the District, a representative of the Animal Husbandry Department of the nearby Block or District, a veterinary doctor, and a representative of the district Society for Prevention of Cruelty to Animals.

The last member, the animal rights activist, is another reason why the mechanism did not work in the government's favour. The district Society for Prevention of Cruelty to Animal member invariably opposed euthanasia, thwarting the government's plans.   

Now, the government has decided to explore the 'mercy killing' possibilities of the Prevention of Cruelty to Animals (Animal Husbandry Practices and Procedures) Rules, 2023. These Rules, unlike the ABC rules, is not just for dogs but for animals in general. The Rules require only the government to be convinced and a veterinarian to certify to euthanise a "mortally injured" dog. 

Minister M B Rajesh said that the Rules, which were framed after the ABC Rules, came to the notice of the government only recently. "The mercy killing will be done only according to rules, and instructions will soon be passed down to the local bodies," M B Rajesh said.

The Rules also say how euthanasia should be carried out. One, the animal should be blindfolded, and the handling and control of the animal shall be humane, aimed at minimising fear, pain and distress. Two, animals to be euthanised shall be given a sedative if found to be anxious or in a state of fear or if there are concerns over the safety of the animal or the handler, under the supervision of a veterinarian.

Three, the animal should not be euthanised in the presence of another live animal. Fourth, the animal should be given an overdose of anaesthetic to cause rapid anaesthesia and irreversible unconsciousness, which will be followed by "respiratory depression, hypoxia and cardiac arrest". Fifth, the registered veterinary practitioner can leave the premises only after it is "certain that the animal is dead".