Stray Dogs To Be Released After Sterilisation, Immunisation, But No Public Feeding: SC Modifies Earlier Order

The Supreme Court of India on Friday delivered a modified order concerning the management of stray dogs within the Delhi-National Capital Region (NCR), staying specific provisions of its prior ruling dated August 11.

A three-judge Bench, comprising Justices Vikram Nath, Sandeep Mehta, and NV Anjaria, ordered that the prohibition on the release of stray dogs from shelters shall be stayed, Live Law reported.

The Court directed that "strays shall be dewormed, vaccinated etc and sent back to the same area" from which they were collected. This directive is subject to the condition that dogs exhibiting aggressive behavior or infected with rabies shall not be released into public spaces.

The Court further reiterated its prohibition on the public feeding of stray dogs. Its order states, "No public feeding of dogs allowed. Dedicated feeding spaces of stray dogs to be created."

Notably, the Court has expanded the territorial scope of the proceedings. All States and Union Territories have been impleaded as parties to the case, which was previously limited to the Delhi-NCR area. The Court announced its intent to formulate a comprehensive national policy on the matter.

It has ordered the transfer of all similar cases pending before various High Courts to itself, stating, "All similar matters shall be transferred to this court for a final national policy."

The Bench stated that this "holistic approach" necessitated modifications to the August 11 order.

The apex court pointed out that the municipal authorities shall continue to comply with the directions for the creation of dog shelters and pounds as outlined in the August 11 order.

"The directions contained in paragraph 12.3 and 12.4 to the extent they prohibit the release of the picked-up strays shall be kept in abeyance for the time being. The dogs that are picked up shall be sterilised, dewormed, vaccinated, and released back to the same area from where they were picked up," Live Law quoted the order.

This release protocol does not apply to rabid dogs, those suspected of rabies, or those displaying aggressive behavior; such animals must be retained in separate shelters or pounds after sterilization and immunization.

This modified order follows a hearing on August 14 where the Bench reserved its decision after hearing arguments from petitioners, the Centre, the Delhi government, and other intervenors. Senior advocates Kapil Sibal and Abhishek Manu Singhvi, representing petitioner NGOs, argued for a stay of the August 11 order, citing a lack of adequate shelter infrastructure and the provisions of the Animal Birth Control Rules. The Solicitor General, Tushar Mehta, appearing for the Delhi government, presented data on the high incidence of dog bites and rabies deaths in India.

The Court had criticized the inaction of municipal authorities, noting that "Parliament frames rules and laws, but these are not implemented." The Bench directed all intervenors challenging the August 11 order to file affidavits furnishing evidence.