New Delhi, Aug 22 – In a significant development on the stray dog issue, the Supreme Court of India has modified its earlier direction to permanently relocate stray dogs to shelters. The apex court has now clarified that stray dogs can be released back to their original habitats after sterilisation, deworming and vaccination.
This latest order was passed by a bench headed by Justice Vikram Nath, Justice Sandeep Mehta and Justice NV Anjaria, which expanded the scope of the ongoing public interest litigation (PIL) and took control of all pending cases related to stray dogs in various high courts. Notices have been issued to all states through their animal husbandry secretaries.
highlights of the Supreme Court order on stray dogs
- Stray dogs will be released back to their area after sterilisation and vaccination.
- Rabies-infected and aggressive dogs will not be released from shelters.
- MCD (Municipal Corporation) will create dedicated feeding zones for stray dogs.
- Public feeding of stray dogs in open spaces is strictly prohibited.
- If any individual obstructs dog catching, a fine of ₹25,000 will be imposed.
- If any NGO obstructs, a fine of ₹2,00,000 will be imposed.
Court’s modified directions
The Supreme Court modified its August 11 judgment that directed Delhi-NCR authorities to capture stray dogs and immediately relocate them to shelters. The bench, while upholding its previous order on the round-up, clarified that sterilised and vaccinated dogs should be returned to the same areas from where they were picked up.
However, the court imposed stringent restrictions on aggressive dogs or dogs suffering from rabies, saying such dogs will have to stay in shelters and cannot be released back into public areas.
The bench also delivered an important verdict regarding feeding stray dogs. It prohibited public feeding in open spaces but directed that dedicated feeding areas be created for the purpose.
Court’s stand on human safety vs animal rights
Highlighting the need for a balanced approach, Justice Nath said the principle of co-existence cannot come at the cost of human lives. The court took note of the rising incidents of dog attacks on children, the elderly and vulnerable citizens, especially those who are unable to afford medical expenses after being bitten.
The bench said,
“On the one hand, humans are suffering, and on the other, animal lovers want protection of dogs. Rules are in place, but poor implementation has created this crisis. Now is the time to take action.”
Amount deposited by NGOs and petitioners
To ensure financial accountability, the Supreme Court ordered that each petitioner has to deposit ₹25,000 and the NGOs ₹2 lakh. This amount will be used to build and maintain dog shelters across the country.
Towards a national policy on stray dogs
By integrating all the cases from various high courts, the Supreme Court indicated its intention to draft a comprehensive national policy on stray dogs. The policy will aim to strike a balance between public safety concerns and animal welfare, ensuring a streamlined and long-term solution to the growing stray dog population in India.
The bench further said that the inaction of local authorities is the root cause of the present crisis, and stressed that while rules for sterilisation and vaccination are in place, their implementation has been inadequate.
Background of the case
On August 11, a separate bench of Justices JB Pardiwala and R Mahadevan had ordered permanent relocation of stray dogs to shelters in a suo motu case titled “Cities troubled by stray dogs, children pay the price”.
The order had emphasised on the protection of vulnerable groups such as children, visually impaired persons and the elderly, who are the worst hit by stray dog attacks. The bench had also criticised animal rights activists and questioned whether they could bring back lives lost to rabies.
However, due to conflicting judicial opinions and statutory provisions, the matter was referred to the present three-judge bench headed by Justice Nath on August 13.
The Supreme Court’s revised order marks a balanced shift in approach, aimed at addressing both public safety concerns and animal welfare obligations. By taking over all pending cases relating to stray dogs across India and directing the formulation of a national policy, the Supreme Court has emphasised the urgent need for a systematic, long-term solution to the stray dog problem in the country.
With clear guidelines on sterilisation, vaccination and feeding, the Court hopes this will reduce conflicts between humans and stray dogs and ensure co-existence without compromising public safety.