TODAY -

We Eat Dog Meat: So What

Sira Kharay *



Dog meat is not a taboo. Dog meat is exotic. It is one of the costliest culinary traditions of the Nagas and in parts of the Northeast. A kilo of dog meat costs Rs. 350/- or more. Mutton is not even half the taste of it. I bet.

But two natives of Manipur were arrested in South Delhi for killing of a stray dog. What is so sensational about it by the way?

A headline in the national media runs, "Two held for 'killing, consuming' dog". When has "consuming" dog meat become a crime in India? Another national media hyperbolises it as, "brutal killing". What is so "brutal" about killing a stray dog anyway?

The prevailing assumption that "killing of stray dogs for human consumption" is a "crime" must be an absolute misinterpretation of law.

By the way, Nagas, Chinese, Koreans and Vietnamese eat dog meat. So what?

The question is not "why people eat dog meat", much rather "why do some people even ask why people eat dog meat".

"The only thing Chinese will not eat with four legs is a table and the only thing with wings, a plane", goes in China.

Even in some parts of the U.S., across Hawaii in particular, people eat stray dogs. The same is also common in Switzerland, Mexico and French Polynesia.

Even as per the estimate in the year 2014, 25 million dogs are eaten by humans each year worldwide.

Even as the French love frog legs and snails, the Kazakhs and Portuguese love horse meat and the Indians are fond of Mutton. So what?

Coming back to the question of legality, in Re. Animal Welfare Board of India vs. People For Elimination of Stray Troubles & Ors., the Supreme Court of India observed that there "can be no trace of doubt that there has to be compassion for dogs and they should not be killed in an indiscriminate manner, but indubitably the lives of the human beings are to be saved, and one should not suffer due to dog bite because of administrative lapse.

A prohibition, if any, to be deduced from the above ratio is the "manner of indiscriminate killing" and not "any and every act of killing of stray dogs".

Killing of stray dogs for "human consumption" is nowhere else defined as crime in the Indian Penal Code, 1860. What is prohibited under Sections 428 and 429 of the Act is "mischief" against animals.

To attract the two penal provisions, first, the "act of killing" must constitute a "mischief" as defined under Section 425 of the Act and second, to constitute a "mischief", the act must be done "with intention to cause wrongful loss/damage to the public/person" and there has to be "actual cause of destruction/change/diminishing of utility of the property".

The term "property" connotes that it must necessarily belong to some "person/public". But killing of stray dogs "with intention" to "consume as meat" can by no stretch of imagination be considered as an act of "mischief" "with intention to cause wrongful loss to any person/public" as defined and more so because the economic idea of "loss" can hardly be associated with the loss of life of a stray dog.

Nowhere else "killing of stray dogs for human consumption" is also prohibited under the Prevention of Cruelty to Animals Act, 1960. Again a stray dog is neither a "wild animal", nor a "scheduled/specified animal" which needs protection under the Wild Life Protection Act, 1972.

What is proscribed under Section 11 of the Prevention of Cruelty to Animals Act, 1960, inter alia, is "needlessly mutilates or kills". By the very nature and object of the Act, "killing of stray dogs for human consumption" cannot be an act of "needless mutilation or killing".

The point is not to argue that "cruelty" to animals must be glorified, but that every act of killing of animal does not amount to "cruelty". What is material is the "purpose" in determining what amounts to "cruelty" in law and not in fact.

And if any killing of dog by the lawful owner is permissible in law, "purposive" killing of stray dogs for meat must even more be permissible and more so because stray dogs have no incidence of "ownership" as to attract the concept of "theft".

Penal laws are to be strictly interpreted. What is not actually written must not be read into by interpretation or by cultural assumption. The laws on protection of animals perhaps needs a fresh rethink.


* Sira Kharay wrote this article for e-pao.net
The writer is an Advocate at New Delhi and can be contacted at sirakharaypeh(AT)gmail(DOT)com
This article was posted on August 30, 2017.


* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • World Bamboo Day #1: Gallery
  • Financial aid to AMWJU member, K. Bipin
  • Meitei-Naga Relationship
  • The concept of Langban Tarpan
  • Today is Sunday :: Poem
  • Papaya and health
  • In tiger territory
  • NEUFC Fan Park at Sarusajai stadium
  • BSE, ANPSA donate to CMRF (Nagaland)
  • 45th AMWJU Foundation day : Gallery
  • Protest crackdown at MU: Gallery
  • Lai Lik Lei & their debut "Esei"
  • Diversity, Race & Gender-Based Violence
  • Cross Border Human Trafficking : Review
  • Imphal Municipal Council Bye Laws, 1998
  • Protest held against crackdown at MU
  • Stop Terrorising the MU Campus
  • Mob violence at Manipur University
  • Facts about Nagaland House at Kolkata
  • Midnight raid at MU
  • ..bridging cultures of Assam, Manipur
  • Tuilha Kol waterfall #2: Gallery
  • Eyek Tamba :: Learn Manipuri script
  • Rally against Mob Lynching #2: Gallery
  • Beyond the tragedy of Tharoijam
  • Jarnail's tryst with Manipur :: Review
  • Who killed the looter? (Short Story)
  • Heart OPD & Echo Screening Mission
  • Call for protest against MU crackdown
  • The farce continues at MU
  • Heikru Hidongba #1 : Gallery
  • Heigru Hidongba (Boat Race)
  • Get down to business
  • The Eternal Moment :: Poem
  • Why is oiling good for the hair
  • Jobs at SKY Hospital
  • The Killing Fields 2013-18 : News Timeline
  • Creating Future Media Leaders in NE
  • Understanding Communist ideology
  • Suspended but drama not over yet
  • Arrested for molesting student in Mumbai
  • Manipuri Diaspora in Myanmar #1
  • Chingyainu, Chingnguremba :: eMing
  • Krishna Janma @Mahabali #2 : Gallery
  • Naga-Kuki Conflict: ..Kuki aggression
  • Tibeto-Burman Languages : Book
  • Indian Judiciary no more a caged bird
  • IGAR (S) calls on Governor of Manipur
  • Spirit of Irabot still runs in Journalists
  • Concern should be about mob mentality
  • Tribes, Art & Soul of India #1: Gallery
  • Rally against Mob Lynching #1: Gallery
  • 'Sahnit' an honour or a disgrace
  • Irabot : Socio-Political Challenges
  • Training employees for better governance
  • Blue Ocean :: Poem
  • Sextortion: Making money from shame
  • Condemn murder of Neiphretuo Metsie
  • Social lacunae
  • BJP on poll drive at Imphal, Kohima
  • Mary Kom lost 2 kg in 4 hours
  • Historical Evaluation of Puya Meithaba #2
  • Felicitation of Sportsperson: Gallery
  • ICJ: Investigation of Extrajudicial Killing
  • Legal profession as career option #2
  • Loktak Down Stream HE Project (2x33MW)
  • Protest against mob lynching at DU
  • Ripples of Music :: Poem
  • Memo submitted to CM over lynching
  • Poems of Peace, Resistance ...
  • Helicopter Schedule for Imphal-Jiri
  • Mirabai recommended for Khel Ratna
  • Martyrdom of Haipou Jadonang #3: Gallery
  • Manipur State is still winning..
  • Gazetteer of North-East India :: Book
  • Sunfeast Cup Football Tournament
  • Trip down memory lane
  • Naga Peace Process :: News Timeline
  • Folk Song :: Poem
  • The Endureres at Dwarka Half Marathon
  • Main accused in cop slaying nabbed
  • Naga talks not confined to Nagaland..
  • Trekking to Dzukou Valley #1 : Gallery
  • Rest in Peace Humanity
  • Ph Banti's artwork 'Trafficking of children'
  • Cry of a Dying River - 45 :: Poem
  • Buddhism is not a religion
  • Jobs at R-Square Design
  • Candle Light at DU over lynching
  • Society as a reflection of govt
  • Mobocracy : Shame on Manipur
  • Kuki Black Day @CCpur : Gallery
  • miAoIbgi pNTuH :: Seireng
  • An opinion on Tharoijam killing
  • How Manipur lost internal autonomy, Kabaw
  • Admission for PhD at Tripura Univ
  • Meefam ST at Nambol, Khangabok
  • Importance of Forest & Environment
  • Deep social divide: Two different folks?
  • Kuki Black Day: Kukis Will never forget
  • R & V Art House's First Art Fest 2018
  • Celebrating International Literacy Day, 2018
  • Born a Kuki, die a Kuki :: Poem
  • History of North East India :: Book
  • Will SimpliciTB make TB treatment simpler
  • Meefam chathaduna ST gi issue..
  • Dipankar Talukdar- Mr Model of World Star
  • System error- who will fix Broken Window
  • Reshuffle Talks : Say No to Yes Me
  • India negotiating vehicle pact with Myanmar
  • Chalwa Village, Kangpokpi #2 : Gallery
  • Thien & its downfall in Zeliangrong #2
  • Is FA a self exposed daylight robbery?
  • Nation Needs Small Farmers
  • Who is programming you ?
  • Bandhs as dissent & survival of laziest
  • Looking for Raju :: Poem
  • The cry of the 2nd class citizen
  • Bharat Bandh in Imphal
  • Historical Evaluation of Puya Meithaba #1
  • Sit-In: Naga Peace Talk #2 : Gallery
  • Naga-Kuki conflict: Search for definitions
  • Mega Marathon Manipur : Download Form
  • Legal profession as career option
  • Guv felicitates 5 JAK RIF for flood relief
  • Stored Anger :: Book Review
  • On stepping into the 20th year of TSE
  • Sept - month which reinstated our courage
  • Krishna Janma @ISKCON #2 : Gallery
  • Empty :: Poem
  • Lets beat littering - plastics pollution
  • NEHU Seminar : Urbanization in India
  • Jobs at JCRE Skill Solutions
  • Declaration of Naga Collective Spirit [Sep 8]
  • Akanba Khongjangidamak Yathokpa Loire
  • Support for STDC from UMA, Assam
  • 'Deplorable power supply in Nagaland'
  • Tryst with destiny - Should we accept ?
  • Stand off at MU : Impact on LS Poll
  • Exploring the enthralling Tuilha Kol
  • Kamesh Salam : Outstanding Green Activist
  • The Valley Of Brahmaputra :: Book
  • Development of road database
  • The inner page story :: Poem
  • Kakching WW-II Memorial Run 2018
  • STDC public meeting at Langathel Keithel
  • Maibi Jagoi at Sangai Fest : Gallery
  • My poll without prejudice to anyone
  • MEETAC - Mission for streamlining TK
  • Conditions leading to Marxism
  • Heart Camp at Khelakhong, Thoubal
  • Cyber bully: Crime that follows you home
  • Bhupen Hazarika : Tribute at London
  • AEP & Importance of Myanmar & NE
  • Political pandemonium
  • Students central to MU issue
  • Landscape from Koubru #2 : Gallery
  • Leishangthem Robert for Mr. World 2018
  • Oinam Shilla Chanu at Mrs India Earth
  • North-east Frontier Of India :: Book
  • Thien & its downfall in Zeliangrong #1
  • Cry of a Dying River - 44 :: Poem
  • JRF Post at Mizoram University
  • Honours to Bamboo; a ubiquitous gift
  • Case of hunter now being huntedr
  • Chaklam Khongchat Numit #3 : Gallery
  • Women Empowerment & judicial Activism
  • Narin Chenggum - wild edible mushroom
  • Flying Star at your lips :: Poem
  • Out of the box thinking
  • Call centre fraud: Vicious vishing attack
  • Changing India & its impact on Manipur
  • MU stand off gets uglier
  • Tikendrajit : The Lion of Manipur #4
  • Krishna Janma @Mahabali #1 : Gallery
  • Eastern Frontier of India :: Book Review
  • Remembering Radhakrishnan ..
  • Moments to cherish :: Poem
  • Glimpse of the Buddha's teaching
  • NH7 Weekender Express Editions
  • Rejoinder to NDPP from NPF [05 Sep]
  • Mental equation
  • Are teachers teaching ? Apt, timely poser
  • Sirarakhong Hathei Phanit @Ukhrul : Gallery
  • Sit-In: Naga Peace Talk #1 : Gallery
  • Globalization, Act East Policy & Manipur
  • Review on anthology of Parthajit Borah
  • Inner Line Permit (ILP) Demand :: Timeline
  • Child Friendly Police Stations proposed
  • ADBU Goes Green with Solar Energy
  • Convocation of Assam Don Bosco
  • Fetal Echocardiography - Seminar held
  • Rejoinder to NPF from NDPP [04 Sep]
  • Divide, divert and rule will not work
  • FA, MU crisis : Issues before LS polls
  • Krishna Janma @ISKCON #1 : Gallery
  • Komrem Student Day @Bangalore : Gallery
  • September Calendar for Year 2018 :: Tools
  • The Coils of Pakhangba :: Book
  • Exhibition @ Art College #2: Gallery
  • AMWJU Sit-In-Protest : Gallery
  • Jangou Rah : eRang Classic
  • The Story of 40 Pineapple Suckers
  • Yumkhaibam Nanao Eramdam Yaourakhre
  • Ningol Chakkouba Celebration in Delhi
  • Martyrdom of Haipou Jadonang #2: Gallery
  • Chaklam Khongchat Numit #2 : Gallery
  • The World of Kuki People :: Book
  • Martyrdom of Haipou Jadonang #1: Gallery
  • Dolaithabi Dam , Senapati : Gallery
  • Eid-Ul-Adhaa Festival #2 : Gallery
  • Dr. Jodhachandra Sanasam : Sahitya
  • Shougrakpam Bijaya :: A Profile
  • Disputed Myanmar Border Pillar : Gallery
  • Front Page Photo 2018 #3: Gallery
  • Dzuko valley #4 :: 360 Panorama View
  • Manglandasu Nang - OST :: e-pao Radio
  • Old Manipuri Movie #1 :: eRang Classic
  • SPONSORED ADS