The Kerala High Court, in its order dated December 18, 2024, adjudicated upon Writ Petition (Civil) No. 45100 of 2024, filed by the Cultural Academy for Peace, represented by Ms. Beena Sebastian, and Ms. Elsamma S.A. The petitioners sought the continuation of the Justice Siri Jagan Committee for assessing applications related to compensation claims for victims of animal and reptile attacks, as well as the establishment of a structured framework for redressal of such grievances. Justice C.S. Dias presided over the matter, issuing a detailed order to address the concerns raised.

The writ petition raised critical concerns regarding the absence of a comprehensive legislative framework to address injuries and fatalities caused by animal and reptile attacks in the State of Kerala. The petitioners contended that victims of such incidents faced significant hardships due to the lack of an organized compensation mechanism and sought judicial intervention to ensure compliance with previous directives issued by the Supreme Court.

The petition relied on prior orders of the Supreme Court, particularly the order dated April 5, 2016, in W.P.(C) No. 599 of 2015 and the judgment dated May 9, 2024, which had delegated the issue to constitutional courts for redressal. The petitioners sought continuation of the Justice Siri Jagan Committee, initially constituted to address dog bite incidents, and requested its mandate be expanded to cover all animal and reptile attacks.

Petitioners’ Submissions

• The petitioners submitted that numerous individuals in the State were suffering serious and fatal injuries due to attacks by stray animals and reptiles, necessitating urgent judicial intervention.
• They argued that the Justice Siri Jagan Committee had effectively handled grievances arising from dog bite incidents and sought its continuation to address a broader spectrum of grievances.
• The petitioners further prayed for directions to the state government and local authorities to implement a robust compensation and rehabilitation mechanism to alleviate the hardships faced by victims.

Respondents’ Contentions

• The learned Government Pleader opposed the prayer for interim relief on the ground that it was identical to the final relief sought in the writ petition, rendering it unsustainable at the interim stage.
• The respondents highlighted the complexity of implementing a uniform framework without specific legislative directives or comprehensive stakeholder consultations.

Justice C.S. Dias recognized the gravity of the issue and its implications for public safety and welfare. The Court noted, “It is common knowledge that numerous persons in the State suffer fatal and serious injuries from attacks by animals and reptiles. The absence of comprehensive legislation addressing these incidents exacerbates the hardships faced by victims.”

The Court acknowledged the directions issued by the Supreme Court in W.P.(C) No. 599 of 2015 and the judgment dated May 9, 2024, which relegated the issue to constitutional courts. It observed that the alarming frequency of incidents involving animal and reptile attacks necessitated immediate judicial scrutiny and remedial measures.

The High Court issued the following directions to address the issues raised in the petition:

1. Impleadment of Kerala State Legal Services Authority (KELSA): The Court suo motu impleaded KELSA as an additional respondent (Respondent No. 6), citing its extensive network and capability to facilitate consultations with stakeholders. The Member Secretary of KELSA was directed to provide input for formulating guidelines and modalities to address the grievances of victims.
2. Stakeholder Consultations: The Court directed the State of Kerala, the Local Self-Government Department, and KELSA to engage in discussions to develop a framework for compensating and rehabilitating victims.
3. Submission of Proposed Measures: Respondents 1, 2, and 6 were instructed to place on record the proposed measures to address grievances arising from animal and reptile attacks. The report was required to include actionable steps and guidelines for implementation, with the matter listed for further hearing on January 9, 2025.
4. Declining Interim Relief: The Court declined the petitioners’ prayer for interim relief, stating, “The interim relief and relief No. (i) in the writ petition are the same. Consequently, the petitioners' prayer for an interim relief is declined.”

The Court extensively referred to previous Supreme Court orders and judgments, particularly:

• The order dated April 5, 2016, in W.P.(C) No. 599 of 2015, which constituted the Justice Siri Jagan Committee.
• The judgment dated May 9, 2024, which delegated the matter to constitutional courts for further action.

Justice C.S. Dias delineated the absence of a statutory framework to address the grievances of victims of animal and reptile attacks. The Court remarked, “In light of the directions of the Honourable Supreme Court, the alarming number of untoward incidents reported in the State, and the absence of comprehensive legislation on the subject, the matter requires serious and urgent consideration in consultation with the stakeholders.”

The Court directed the respondents to ensure that all relevant measures were adopted to provide relief to victims and ensure compliance with statutory and judicial directives. The matter was posted for the next hearing on January 9, 2025.

Case Title: Cultural Academy for Peace & Anr. v. State of Kerala & Ors.
Case No.: WP(C) No. 45100/2024
Bench: Justice C.S. Dias