STRAY DOG MENACE

At times, a large number of canines could be seen roaming around in my courtyard and adjacent compound, and other open spaces as well. They ate carcasses, human excreta and other wastes that were cast ashore on the banks of the Vembanad Backwaters. These dogs would disappear on a fine morning or they would die after eating poisoned wastes. Yet another pack of dogs would promptly become visible in the next day or two. Did someone picked some 6-10 stray canines from the garbage dumb and open spaces in the crowded Kochi Corporation limits and were being released in rural areas?

 Every night they huddled together and started howling and fighting each other for food or sex, which created a frustrating din among the people in the area, who find it unbearable. These dogs would become aggressive especially during mating season, monsoon, whereas bitches would become aggressive while trying to protect their younger ones. Large numbers of puppies were delivered at a time. They attained puberty between 5 to 12 months; and multiplied faster.

One day, while I was scurrying in my orchard I was surrounded by a pack of dogs. The sturdy cane deterred them from an attack. On another day my sister, Aleyamma and Augustine Mampilly, and their children Paul, Jose and Thomman came for a visit. Strangely, while they were leaving, Thomman found that one each of their shoes / chappals were missing. I thought somebody was playing a prank on them. Then I remembered the stray puppies. We searched the courtyard and the adjacent compound. They got their shoes / slipper back but a few of them were in a dismal condition.

These stray dogs chased fowls and ducks and devoured them. At times I have noted pack of dogs chasing away two and three wheelers on the main road and this contributed to traffic accidents as well. They bit people especially young school children, who got scary and run on seeing the dogs. It is difficult to discern whether a dog was rabies-infected or not. Some of these dogs might be carriers of rabies showing no symptoms, but a few manifested symptoms like madness - sticking out their tongue oozing saliva and barked unnecessarily. To avoid risk of life, the victims of dog bites were usually taken to the General Hospital at Ernakulam to arrange for anti-rabies vaccines. The villagers said that often vaccines might not be available and therefore the bit victims were taken to Co-operative Medical College at Kalamassery, on the other end of the city for 15 days consecutively to administer the painful anti-rabies injection around the naval region. In the wake of frequent incidents of dog bites on children taking place in our village, the villagers were agitated against the local authority, Kumbalam Panchayath, for their inaction to ward off the menace of street dogs.

Eradicating stray dogs appeared to be a vexing problem for the local authorities and governments. It had become a hot topic of discussion in Kerala after animal rights activist and union minister Smt. Maneka Gandhi sought an explanation from the Muvattupuzha Municipality for killing a stray dog.

The stray dog menace persisted in every city, town and village in India. There were news reports of children getting brutally injured with dog bites on their shoulder, scalp, leg, hand and face. The situation is alarming. The animal lovers shall not be mute witnesses to these distressing episodes. The silence of the protectors of dogs and other animals is disgusting. The golden rule is that there is no golden rule. The executive and the parliament should not hesitate to withdraw or annul or reverse or even amend the law, if the change of circumstances warrants it.

In a writ petition filed before the High Court of Kerala, the petitioner therein pointed out that the local authorities are bound to take action in accordance with the Kerala Municipalities Act or Panchayath Act to abate the menace of dogs. Section 438 of the Act empowered the Corporation to seize stray dogs in the area. The provision of the Prevention of Cruelty to Animals Act 1960 has also provided for tackling the menace. Section 11(3) (b) of the Act enabled the civic body to take steps for killing of stray dogs. The petitioner also pointed out that “the right to life under Article 21 of the Constitution contemplated living a dignified life without the fear of stray dog biting.” When placed against the animal rights, “the human’s right will prevail over animal rights,” the petitioner said. It was also pointed out that a Division Bench had ruled in 2006 that “the right to live was fundamental right and it shall take precedence over dog rules.” However, SPCA (Society for Prevention of Cruelty to Animals) points out the dogs are an important part of the ecosystem and they control the pest and rodent population.

It is pertinent to note that while passing the impugned provisions of the PCA Act, the parliament and the executive did not consider the Rule of Mother Nature, “the survival of the fittest.”

The High Court held in 2006 that for the sake of human safety, dangerous stray dogs could be killed. However, the Supreme Court of India had on January 23, 2009 stayed Bombay High Court judgement which had allowed municipal authorities in Maharashtra to kill stray dogs causing “nuisance.”

SOLUTION: Those who rear pet dogs should be directed to take a licence from the local authority and to insist that their dogs be vaccinated against rabies and be provided with a tag and should not be allowed to stray on the street. 

Animal Welfare Board of India (AWBI) - Jaipur model sterilization and vaccination of stray dogs, both males and females, make them less aggressive and, therefore, the number of dog-bite incidents comes down. To deal with the increasing incidents of dog bites, skilled dog-catchers be engaged for culling, and increase stray dog sterilization capacity. Therefore, the government has to provide additional infrastructural development and appoint more veterinary doctors. Each vaccinated dog should be given an identification mark and proper statistics should be maintained.

The general hospitals should be provided with sufficient quantities of anti-rabies vaccines for treatment of dog-bite cases free of cost. I understand that every day around 50 dog bite victims approach the General Hospital at Ernakulam.

Maintaining clean surroundings in all the commercial as well as residential areas is significant and proper arrangement is needed for garbage disposal. The municipal corporations and other local bodies should be directed to give strict instructions to officials of private hospitals, and owners of hotels, restaurants, poultry farms, and butcher shops to stop dumping waste material and garbage in public places especially roadsides, to avoid gathering of stray dogs.

    The public should encourage dog lovers like Smt. Prasanna, a senior sales manager in P&B MetLife Insurance India Limited at Palarivattom, a colleague of Sally, my wife. She used to cull out aged, sick, maimed and abandoned stray dogs, and rehabilitated and neatly maintained them in two special houses one at Panampilly Nagar and the other at Kaloor in Kochi City; a highly appreciable humanitarian service and a sacrifice indeed.

The central government should not hesitate to withdraw or annul or reverse or even amend the law protecting the life of dogs, since the change of circumstances warrants it.

UPDATE 5/11/2015: The High Court of Kerala, while disposing a number of writ petitions by a judgment on November 4, 2015, stressed the need to control the stray dog menace in the state and permitted the local authorities to silence the critically ill, fatally injured and rabid dogs as per the Animal Birth Control (Dogs) Rules 2001. The court observed that the dogs roaming in public have to be captured for vaccination and sterilization which is the obligation of the local bodies with the aid of the Animal Welfare Board. The court made it clear that all stray dogs are not required to be killed and that killing has to be undertaken by the local authorities only in accordance with the Prevention of Cruelty to Animals Act, 1960 and the provisions of the Rules 2001.

Excerpts from

NEED OF THE HOUR

by

Joseph J. Thayamkeril

Lawyer, Kochi, Kerala, India.

josephjthayamkeril.blogspot.com 

josephjthayamkeril@gmail.com

PROHIBITION OF LIQUOR: TODDY (‘KALLU’) VINEGAR

I remember Paily, the old sacristan of St. Mary’s church, a jolly person. He used to say that a bottle of ‘Elaya Kallu’, toddy which is absolutely fresh right from its source, is brisk and fine. A couple of glasses of this elixir make a man merry and a merry heart lives long! The natural palm wine, no doubt, is a healthy drink. This is very refreshing and puts you in a creative mood. He who drained bottles of ‘Mootha Kallu’, fermented toddy, which was kept for some time, would take him to an exhilarating height just like hard liquor. The toddy could be distilled into arrack, a more intoxicating drink. If too much of fermented toddy or arrack is consumed it makes you totally intoxicated.  Beware, if you have unlimited quantity of toddy or arrack one would get addicted and intoxicated. Due to the ‘Delirium tremens’ one might tend to babble and to stagger from side to side, a reason for wordy altercation or even a melee might  ensue which may lead further to a serious felony. For a labourer who toils hard all day, toddy definitely stimulates his energy. The spurious toddy on the other hand might steal the consumer’s health and in extreme cases his life as well.

I have seen the toddy tappers who venture out in the morning and evening to perform their task of tapping and collecting toddy. Their attire is unique. A short loin cloth is used to cover their privies as they have to climb the coconut trees with ease. A wooden pad which provides a sheath for their sharp ‘Chethu Kathi’, tapping knife, is fastened over this cloth around the waist. A black coconut shell, with an opening at the top, filled with mire too is carried with him on the waist band. He holds on to a braided ‘Churakka’pot (a large and oval shaped fruit’s cover used as a pot, which is braided with coir rope) to collect the toddy from tree top. These tappers have a different way of climbing up the coconut trees. They place their steps on pieces of coconut husk firmly tied on to the tree trunk and climb up and down as if he is climbing on a ladder. On reaching the top, he climbs on top of the tree-crown with the support of a sturdy and strong palm leaf and settles down comfortably to start his work. These tappers get a panoramic view of their neighbourhood and the activities therein. It is interesting to watch the toddy extraction procedure. The palm wine which had oozed the previous night into the pot atop the tree is collected and brought down. He then cuts a little bit of the ripe coconut bud end and ties the bud with a coir yarn, beat it from top to bottom with a bone and rubs a little mire or mud at the cut end. It is believed to produce more yields. Then he moves on to other trees he is tapping. If the tapper is in a fine mood he might give a few bottles of toddy to those who ask him for it in exchange for money. This entire process is repeated in the evenings as well. “The watering of the palm trees during summer improves the yield,” says Kunjappan Vazhavelil, a veteran tapper. True he says from his practical experience.

Normally, the contractor of the toddy shop earmarks a few high yielding coconut palms which are fifteen to forty years old to tap toddy. The rent of the tree used to be hundred and fifty rupees per tree which was paid by the licencee or contractor who auctioned the toddy shop. This fetched the farmers a sizeable income.  Tapping was a livelihood for a lot of Ezhava men on the Island. I knew Raman Vazhavelil, his son Kunjappan, Kandu Kunnunkal and my neighbor Kumaran Kalappura and his son Babu were experienced tappers of this locality.

‘Appachan’, occasionally bought a few bottles of fresh toddy to make vinegar. It was kept for a few days after which it was strained and stored in large bottles. The sediments and precipitates were cleaned every thirty days. After six months the final product obtained was unadulterated concentrate vinegar. This was used in for making various pickles and salads. Vinegar was also made by adding sugar to coconut water and fermenting it in the same way. By boiling the toddy one can obtain ‘Chakkara’ a medicinal jaggery

I knew Sanku Vazhavelil, Kelu Puzhangathara, and Velayudhan Karikkanthara eked out their living by making vinegar. They used to sell this to hoteliers and other customers in town. Gone are those days as now this authentic brew is hard to find. 

The thought of total prohibition of liquor is insincere, immature and absurd. The State of Tamilnadu and Kerala tried it once. Those governments found it difficult to rehabilitate the traditional employees engaged in the trade. They too miserably failed to curb the trade in spurious liquor and drugs that flowed from within and out of the state, which is more injurious to health. Therefore, they were forced to withdraw the same. I suggest an alternative method of imposing heavy penalty on those habitual drunkards who misbehave in public places.

 

I wonder why the government is promoting and monopolizing the trade in the coloured spurious arrack branded as foreign liquor. Consumption of this is injurious to health. The great Chanakya, in “Arthasastra,” an authority on statecraft, suggested revenue, by sale of liquor or by deal in prostitution or by consecrating a deity atop a hill and giving propaganda of miracles done to attract the crowd, only on the occurrence of a rarest of rare event, where a government has no other source to raise funds to manage their affairs. It is not advisable for a government to embark on such a trade or business. It is against great ideals. At the same time it is difficult to enforce total prohibition. I would suggest liberal licensing to coconut growers to tap toddy, which would help the agriculturists to obtain a reasonable income and the common man would get a healthy drink.

Excerpts from

NEED OF THE HOUR

by

Joseph J. Thayamkeril

Lawyer, Kochi, Kerala, India.

Posted by JOSEPH J. THAYAMKERIL at 09:51  

MY DREAM

India is one of the ancient civilizations in the world. It is the seventh largest in area and it accounts for 2.4 per cent of the total geographical area of the world. It is the second most populous country in the world with around 1.271 billion people (2015), which is more than one sixth, (17.5%), of the world population. India is a leading supplier of human resources to the world. India is the largest secular democracy in the world. It has made versatile socio-economic progress after independence; commendable achievements have been made in the field of agriculture, animal husbandry, industry and technology. India is one of the top producers of milk in the world. India is second in wheat and rice production. India is the second largest producer of fruits and vegetables and it contributes 32% of the total fruit production in the world. It is one of the twelve mega biodiversity countries of the world and is rich in varied wildlife species. Moreover, it is also home to a number of brilliant scientists who are capable of producing ingenious inventions economically. India is first in remote sensing satellites.  Following the successful demonstration flights of Bhaskara 1 and Bhaskara II launched in 1979 and 1981, respectively, India began development of an indigenous IRS (Indian Remote Sensing Satellite) program to support the national economy in the areas of "agriculture, water resources, forestry, and ecology, geology, water sheds, marine fisheries and coastal management." The Indian Remote Sensing Satellites are the main-stay of National Natural Resources Management System (NNRMS), for which Department of Space (DOS) is the nodal agency, providing operational remote sensing data services. Data from the IRS satellites is received and disseminated by several countries all over the world. With the advent of high resolution satellites, new applications in the areas of urban sprawl, infrastructure planning and other large scale applications for mapping have been initiated. India is the fourth largest military power in the world. India is a force to be reckoned with. It is, therefore, significant to give weight to India’s voice. It is high time that India is given a permanent seat in the Security Council of the United Nations. India, no doubt, can contribute immensely to the peace, progress and prosperity of all countries.

I always cherished a world under one flag without any borders or barriers; a common currency; a right to move freely anywhere in the world without any restriction or hindrance and to carry on any occupation or profession of one’s choice. Freedom of speech and expression is vital. Justice, Equality, Liberty and Fraternity, the great pillars of a secular democratic republic, assuring the dignity of the individual, subject to reasonable restrictions by the State, are significant. Bonded labour and other exploitation of human beings should cease. Every human being has the freedom to profess, practice and propagate any religion of his choice. But the individuals with troubled, turbulent mind and blind faith should not be subjected to exploitation by religious priests. There should not be any oppression or persecution of the minorities. These principles are enshrined in Chapter III of the Constitution of India and fundamental documents of other secular democracies in the world, and these basic principles shall be a reality for all people in the world. It is the sovereignty of the people that is paramount and which in a democratic State can only be asserted through a vote in Parliament or a directly elected body of the people. Presently a big portion of the world happens to be under democratic system of Government. Theoretically, this system stands out to be the best up to now. But corruption, nepotism, terrorism, communalism, regionalism and problems relating to languages are the weaknesses found in a democratic system, which divided human society. The welfare of the people is often neglected. Moreover, the ethical and moral degradation is being observed constantly in public life.

No religion could hold people or nations together; and therefore, they should not interfere in politics. Nation/s should not directly or indirectly sponsor or support terrorism. Rebels and fanatics should resort to dialogues to sort out issues, and the concerned nation/s should heed to their reasonable demands. We should put an end to war and persistent terrorism that are threatening international peace, security and progress. All the “-isms” such as patriotism, communalism, nationalism, regionalism, fascism, capitalism, communism and religious imperialism that divide mankind should vanish. I always dream of an idyllic and just world of peace, non-violence, prosperity, happiness and wellbeing without any arms, ammunitions and unhealthy competitions. Mutual respect and non-interference in other’s affairs is vital. The gulf that exists between the rich and the poor should be minimized as much as possible and that should become a reality for all. Every being should be assured of   means for a decent living. I would like to advocate the message of love and self-sacrifice to all beings, a common philosophy of life to bind the people and the nations as one, overcoming the pettiness of race, boundaries and religion. 

We should stop manufacturing weapons and ammunitions with devastating powers. United Nations is making significant contributions for disarmament, which is inevitable to avert the threat to international peace and security. Nations should voluntarily reduce the stockpile of weapons of mass destruction in their arsenal to reduce tension in the world. The amounts spent on weapons, war and conflicts could create hatred and bloodshed. This could instead be utilized productively, for feeding, clothing, sheltering and educating the socially, culturally, educationally backward people around the world.

The developments in science and technology especially the modern methods of communication has made the world smaller and smaller, and has destroyed natural frontiers and helped in the development and growth of trade and commerce. The economic and political compulsions have started to bind the nations together. I staunchly believe that “Globalization” is the first milestone to attain this goal. I would like to appreciate the earnest efforts of the United Nations for the common good of its members like drawing up the international air routes and the navigation routes. The Universal Postal Union introducing postal pin codes and the uniform international   terms for conducting international postal duties are all commendable. United Nations Universal Declaration of Human Rights, which seeks to create gender equality in law and in social situations, such as democratic activities and securing equal pay for equal work is praiseworthy. Streamlining uniform educational and health standards and child welfare are also to be recognized as this would help greatly in the formation of a world government.

There should be a strong and stable central government with minimum powers; with a common set of minimum laws and a common penal code. The right to patents, copy rights and trademarks and branding should not be a tool to exploit the masses; these should be limited to a maximum of ten years only and the advancement in science and the latest technology should be made available to all who would yearn for it and they should be given the advantage of the cheaper price.

Preserve all the cultural heritages, and promote cultural cooperation for better understanding and friendship among people and nations. Promote people-to-people exchange involving, among others, parliamentarians, youth, artists, sportspersons and representatives from business, industry, media, academic and think-tank institutions.

Inter-racial and inter-religious marriages should also be encouraged to reduce tension and racism. The theory of both superiority and inferiority complex is based on aversion to strangers and is used as propaganda to promote conquest and domination of other people. Inter-racial marriages would help in producing better breed and class of human beings. We need to help one another and grow together; we should create a world free from resentments, anger and frustrations.  In this state we would achieve our goal of universal love, peace, happiness and prosperity.

Socialism is the only alternative to the Capitalist system, in which production will be for use, not profit; people will have free access to wealth in accordance with their self-determined needs, not in accordance with their ability to pay; members of society will administer their affairs democratically and humanely, not according to the dictates of profits and power. The Socialist Party in the whole world stands solely for the abolition of Capitalism and the establishment of Socialism, where the means of wealth production and distribution are commonly owned and democratically controlled by all the people.

The wages system only exists as long as labour power is a commodity. When commodity production for sale with a view to profit is replaced with the production of useful goods and services for human need, prices, including wages, will no longer be necessary.

 Socialism will be a world-wide society in which the means of wealth production and distribution are commonly owned and democratically controlled by all the people, without distinction of race or sex. Production and distribution will be democratically planned, with the sole purpose of providing comfort and happiness for the inhabitants of the earth. Some of the mechanisms for world planning are already in existence, such as the United Nations Food and Health Organization which compiles statistics about resources, and the various scientific research bodies which are presently aware of the solutions to many economic problems; but these cannot be implemented under Capitalism. The talents and aspirations of men and women will be fully utilized in a socialist society, and much of the unpleasant or boring work will be done by machines.

Socialism will combine productive efficiency with social pleasure. The relationship between work and leisure will disappear. Instead of being alienated from real power, people will have reason to cooperate harmoniously. No longer a worker, relying on a wage in order to live; no longer one of those cogs in a machine, spending a lifetime in drudgery and useless toil. You, with a creative ability that is distinctive to human beings, will be in a position to use your potential and hitherto hidden and frustrated talents for your own benefit and that of the whole of humanity: no longer living in a nightmare world of inflation, unemployment, war and other problems. Instead, society's ingenuity will be harnessed for a common purpose. You will play your part; you will accept the responsibilities of working and co-operating with others to ensure a full and happy life. There will be problems to solve; but Socialism will have harmonious foundations from which we will go forth. Let your imagination play for a moment or two on the boundless possibilities that will open up.

It is neither fanciful nor idealistic to envisage a society without war, poverty, starvation, unemployment and wage labour. Only such a society can put an end to the rat-race in which the working class can never hope for security. With the strength of understanding of the world around us, the motivation of desire for a new social order, and the united efforts of millions of class-conscious men and women, there is no force which can stand in the way of the establishment of Socialism.

Excerpts from

MEMOIRS

An autobiography

by

Joseph J. Thayamkeril

Lawyer, Kochi, Kerala, India.

josephjthayamkeril.blogspot.com

josephjthayamkeril@google.com

ARABLE LANDs TURNING INTO MANGROVES

The flora and fauna is the most striking feature of the land surface. I noticed that the mangrove regions are favoured by a variety of birds, both migratory and resident; and they hover around these Islands. The varied birds devour lots of different type of insects harmful to farmers. They help in the distribution of seeds of a wide range of fruits of big trees, shrubs and herbal plants and grains of diverse grasses. The seeds and the grains obtain moisture and the warmth, when they pass through the digestive system of these birds. That provides a conducive atmosphere for the seeds and grains to germinate. The Jungle Babbler (Karikilanchi) brings in elephant grass especially if they come from the nearby forest areas like Thattekad Bird Sanctuary. I have noticed that if a property is left untouched and uncultivated for forty years then it would naturally become a forested land and if this happens in a delta, it becomes a mangrove. For example, in 1970, the State of Kerala acquired some well-maintained and cultivated paddy fields and lush green coconut gardens on drained lands. These lands belonged to the Vathapilly family, Syrian Church Kumbalam and a few others. This was for the purpose of setting up the Fisheries College at Panangad now a university, Kerala University of Fisheries and Ocean Studies (KUFOS.) Now after forty years, that fallow and undisturbed area situated on the western side of the bustling NH-47 bypass at Madavana, looks   like a virgin forest, a mangrove region. The true and devoted farmers in the delta region of the State of Kerala had been forced to leave arable wet and drained lands fallow due to various reasons like a) the indiscriminate severance of land by operation of law, the Kerala Land Reforms Act, 1969, which sowed the seeds of anarchy; b) the water logging and scattered bits of land after land was acquired for the setting up of the railway-line and NH-47. This indiscriminate land acquisition was done without any foresight; c) the spiraling costs of manure and prohibitive labour charges, (the present rate is  seven hundred rupees per day for a tiller and rupees fifty per tree for a freelance climber) and scarcity of labourers like climbers and tillers) ; d) the failure on the part of the governments to provide reasonable price for the agricultural produce; and e) the restrictions  made by the Kerala Land Utility Act and the Kerala Land Utility order 1967 prohibiting conversion of wet lands for cash crops. Such undisturbed fallow lands are gradually turning into virgin forests or mangroves. When the government tries to unsettle settled positions of law, they are in reality opening a Pandora’s-box. Beyond his limitations, man tries to create a new order in nature and society, thinking that he is the master. He never realizes the fact that the Acts and Rules he is making is contradictory to the Rules of Mother Nature.

Excerpts from

NEED OF THE HOUR

by

Joseph J. Thayamkeril

Lawyer, Kochi, Kerala, India.