Child mauled to death by stray dogs: HC asks Delhi govt, NDMC to respond to compensation plea

The Delhi High Court on Friday asked the city government and the NDMC to file a response on a plea seeking Rs 50 lakh compensation for the death of a one-and-a-half-year-old girl who was allegedly mauled by a pack of dogs in Dhobi Ghat area of Tuqhlaq Lane here last month.

The high court said prima facie there was a failure on the part of the authorities on their obligations under the Animal Birth Control Rules and a case of compensation was made out.

The court was hearing a petition by the child's father seeking Rs 50 lakh compensation for her death.

According to the plea, the toddler was sitting outside her house when four to five dogs allegedly attacked her and dragged her for several metres.

Justice Subramonium Prasad perused the statement of a head constable, a witness, and said it revealed that the child was attacked by the stray dogs in the area.

"A perusal of the Rules and the Section161 (CrPC) statement of the head constable, prima facie it is apparent that there is a failure on the part of the authorities of their obligations under the Rules,'' the high court said.

The high court directed the Delhi Government and the New Delhi Municipal Council (NDMC) to file their response on the aspect of compensation and listed the matter for further hearing on April 5 for further consideration.

The court said head constable Harish Kumar, who works in the area, has said that at around 6.15 pm on February 24, he noticed that some stray dogs had attacked the child of the petitioner.

It was stated that he was able to drive the dogs away but the child was seriously injured and he requested the people gathered there to get the toddler admitted to a hospital.

The counsel for the petitioner pointed out various provisions of the Animal Birth Control Rules, 2023 and said the rules contemplate that feeding of animals should not be done in areas frequented by children.

The high court had earlier issued a notice to the NDMC, the city government, and the police and sought a status report from them concerning the steps taken to ensure that such incidents do not take place again.

The counsel for the petitioner had said in the instant case, dogs were being fed in a children's park, putting children at risk.

He also prayed for directions to the authorities to take immediate steps to shift the dogs elsewhere.

The child's father, Rahul Kanaujiya, has said in his plea that due to the negligence and administrative lapse by the NDMC, his daughter was brutally attacked, dragged to a secluded place, and mauled by a pack of violent dogs on February 24.

''It is the duty of the State to save and protect the lives of the people as per Article 21 of the Constitution. Such negligent and administrative lapse on the part of the NDMC has violated the fundamental rights of the deceased child and the petitioner, enshrined under Article 21 (right to life and personal liberty) of the Constitution,'' the plea said.

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