Should Telangana take a leaf out of Noida’s book and enforce stricter rules for pet dogs? The recent death of a 23-year-old Swiggy delivery executive has pointed out several factors that led to his death.
Mohammed Rizwan had gone to deliver food in Banjara Hills at 2 am on January 11, when the sudden appearance of a German Shepherd dog made him panic and, in order to escape, he jumped from the third floor. He died three days later at Nizam’s Institute of Medical Sciences.
Even as there is a raging debate over compensation to be paid for his death, nothing changes that a life was lost. Rizwan was a caregiver to an ill father and a breadwinner for his family. But, who is to be blamed for his death?
“The incident from Hyderabad is very sad and tragic. Dogs are friendly, social animals who would not normally attack a human. However, some dogs may jump or be aggressive in play, or may be protective of their guardians’ homes,” said India’s PETA campaign manager Radhika Suryavanshi.
She added: “The CCTV footage appears to show the dog wagging its tail, which indicates play. Where guardians are aware that their dog is excitable, they can take measures to ensure it does not upset someone who may not be familiar with dogs or know how to react. For example, they may wish to install a gate and be sure to walk their dog using a harness and a leash. What contributes to problems such as this are pet shops and breeders selling dogs to anyone who wants to buy without adequately determining if the buyer understands how to care for the animal. Awareness in case you are frightened by a dog is to stay calm and to call out to the guardian would also help.”
Shobana N, the owner of the dog, was initially booked under sections 289 (negligent conduct concerning animals) and 336 (endangering life or personal safety of others) of the IPC based on a complaint by Rizwan’s family. Section 304A (causing death by negligence) was added later.
“We are saddened to hear about the untimely death of a young boy. Our team is in touch with the family of the deceased,” said Swiggy when asked for a comment.
It has now come to light that Rizwan was registered in the app on his brother’s ID. His brother, too, delivered food for the platform, which further complicates the compensation process for the family.
The Code on Social Security, 2020 – introduced by the ministry of labour and employment, which lays down rules for social security of unorganised workers including gig and platform workers – is yet to come into effect. A report titled ‘India’s booming gig and platform economy’ by Niti Aayog recognised the increase in the number of platform workers and the need to frame rules to regulate this space.
“Although the Code recognises gig workers, including platform workers, it distinguishes between employees and gig workers. It provides for mandatory provision of gratuity, employee compensation, insurance, provident fund, and maternity benefit to employees. On the other hand, it has provided for the framing of suitable social security schemes for gig workers by central and state governments on matters relating to life and disability cover, accident insurance, health and maternity benefits, old age protection among others,” said Souvik Ganguly and Akhil Ramesh from Acuity Law in their analysis of the report.
They added: “There may be implementation challenges once India’s Code is brought into effect, specifically as to who would fall under the definition of a ‘gig worker’ and a ‘platform worker’. Despite the challenges that may be confronted, at least the recognition of gig and platform workers under Indian law will be of help to them.”
President of Telangana Gig and Platform Workers Union (TGPWU), Shaikh Salauddin has been demanding compensation for Rizwan under the Workmen’s Compensation Act. It has been learnt, however, that Rizwan’s family has gone for an out-of-court settlement with the dog owner.
The Greater Hyderabad Municipal Corporation has made it mandatory for pet dog owners to obtain a licence. Is there a need for stricter measures? In wake of several such dog attacks, Gurugram and Ghaziabad have banned 11 foreign breeds. Noida, too, has brought in a slew of strict measures.
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