Dogs with rabies or aggressive behaviour to remain in shelters, rules Supreme Court
New Delhi: After a massive public outcry, the Supreme Court on Friday modified its August 11 order on stray dogs in Delhi and the National Capital Region, which said they would be picked up from the streets and confined to dedicated shelters, and directed that such canines would be released in the area where they were picked up from, after sterilisation, deworming and vaccination. The top court also enlarged the scope of the stray dog case beyond the ambit of Delhi-NCR and directed all states and Union territories to be made parties in the matter.
Animal lovers broke into celebrations at Jantar Mantar here, with activists and caregivers who had gathered in anticipation of the verdict hugging each other and raising celebratory slogans. Some thanked God with chants of “Har Har Mahadev”. Many described the ruling as a “victory” for compassion.
In the top court, a three-judge bench of Justices Vikram Nath, Sandeep Metha and N.V. Anjaria clarified, however, that the order would not apply to dogs infected with rabies or suspected to be infested with rabies and those displaying “aggressive” behaviour. Such dogs, the bench said, would be sterilised and immunised and remain in shelters, and under no circumstances should be released back into the street. “Furthermore, as far as possible, such stray dogs shall be kept in a separate pound shelter after sterilisation and immunisation.”
The apex court directed municipal authorities to begin an exercise for creating dedicated feeding spaces for stray dogs in each municipal ward. “The feeding areas shall be created and identified keeping in view the population and concentration of stray dogs in a particular municipal ward. Notice boards shall be placed near such designated feeding areas mentioning that stray dogs shall only be fed in such areas. Under no condition shall feeding of the stray dogs on the streets be permitted. The persons found feeding the dogs on the streets in contravention of the above direction shall be liable to be proceeded against under the relevant legal framework”.
The top court said: “The aforesaid directions are being issued in view of the reports regarding untoward incidents caused by unregulated feeding of stray dogs, and to ensure that the practice of feeding dogs on roads and in public places is eliminated, as this creates great difficulties for the common man walking on the streets.”
The apex court directed the municipal authorities to create a dedicated helpline number for reporting incidents of violation of the order. “On such a report being received, appropriate measures shall be taken against the individuals/NGOs concerned.”
The top court said that those obstructing public servants in carrying out these directions will be proceeded against. It also asked each dog lover and NGO, which approached the court, to deposit a sum of Rs 25,000 and Rs 2 lakh respectively with the SC registry within seven days, failing which they will not be allowed to appear in the matter any further.
“Desirous animal lovers shall be free to move an application with the concerned municipal body for adoption of the street dogs, upon which the identified street dogs shall be tagged and given in adoption to the applicant. It shall be the duty of those adopting to ensure that the adopted dog does not return to the streets.”
The top court asked municipal authorities to file compliance reports with complete statistics of resources available as of the date for compliance with the ABC Rules.
Delhi mayor Raja Iqbal Singh said the Municipal Corporation of Delhi will work “with full strength” to implement the Supreme Court’s directions on stray dogs.
Hailing the ruling, animal rights group PETA said: “Today’s result in court proves that the majority thinks of community dogs as beloved neighbours and friends. Now, with a renewed focus on sterilisation and vaccination, Delhi and the rest of India can move closer to the day that no dogs are left to suffer hunger, accidents and cruelty on the roads.”
PETA India also urged the public to remain vigilant to ensure that dogs are not wrongly labelled as “aggressive” and unfairly picked up, and to immediately file complaints with the municipality if this occurs.
Leader of the Opposition in the Lok Sabha Rahul Gandhi said: “I welcome the Supreme Court’s revised directions on stray dogs, as it marks a progressive step toward balancing animal welfare and public safety. The approach is both compassionate and rooted in scientific reasoning.” Former Union minister Maneka Gandhi welcomed the ruling, saying: “The judgment is scientific and we are very happy with it.”
Taking note of several petitions pending in various high courts dealing with these issues, the top court said: “The SC registry shall seek information about such pending writ petitions from the registrar-generals of all high courts, and thereafter, these writ petitions shall stand transferred to this court for analogous consideration along with the main matter.”
The apex court posted the matter after eight weeks for further directions. The August 11 order of the top court came in a suo motu case initiated on July 28 over a media report on stray dog bites leading to rabies, particularly among children, in Delhi.
