Stray Dog Removal Order Faces Legal Challenge; Chief Justice Says ‘Will Look Into It’

The Supreme Court has directed that all stray dogs in Delhi-NCR be picked up within eight weeks and housed in shelters to be set up by the appropriate authorities. The matter, concerning the relocation of stray dogs, was mentioned before a bench headed by Chief Justice of India BR Gavai, who responded, "I will look into it."

On Monday, the apex court issued the order mandating the removal of all stray dogs from Delhi-NCR streets within eight weeks. The decision has triggered mixed reactions - some welcomed it as a much-needed "relief," while others criticised it as "illogical," warning that it could worsen human-dog conflicts.

When the matter was raised before the Chief Justice on Wednesday, it was accompanied by a reminder of an earlier court order prohibiting the relocation or killing of stray dogs and requiring compliance with existing laws and regulations governing their treatment. The Chief Justice's remark offered a measure of hope to thousands of animal welfare advocates who oppose the mass removal directive.

The court also ordered contempt proceedings against anyone obstructing the removal process and criticised the Animal Birth Control (ABC) Rules, which require sterilised dogs to be returned to their original locality. Terming this provision "unreasonable and absurd," the bench observed, "Whether sterilised or not, society must feel free and safe. You should not have any stray dog roaming around."

The lawyer who mentioned the matter pointed out that the directions appeared to conflict with a Supreme Court judgment dated May 9, 2024, in a long-standing set of petitions dealing with the intersection of the Prevention of Cruelty to Animals Act, 1960, the Animal Birth Control Rules, and state municipal laws.

In that ruling, a bench of Justices Maheshwari and Karol had closed the proceedings following the enactment of the Animal Birth Control Rules, 2023, but explicitly stated that "under all circumstances, there cannot be any indiscriminate killings of canines." The judgment also stressed that authorities must act in accordance with the "mandate and spirit" of the prevailing legislation, reaffirming that compassion for all living beings is a constitutional value. The court had further clarified that any future disputes could be brought before the appropriate constitutional courts or forums.