The Supreme Court today(August 14) reserved order on the pleas to stay the directions passed by a two-judge bench on August 11 to remove the stray dogs in Delhi National Capital Region to shelter homes.
A three-judge bench comprising Justice Vikram Nath, Justice Sandeep Mehta and Justice NV Anjaria heard the matter. In a dramatic turn of events yesterday, the suo motu case relating to stray dogs, in which the August 11 directions were passed by a two-judge bench comprising Justice JB Pardiwala and Justice R Mahadevan, was shifted to this three-judge bench, after some lawyers mentioned before the Chief Justice of India that those directions were in conflict with the previous orders passed by other benches.
At the outset, Solicitor General of India Tushar Mehta, for the Government of NCT of Delhi, started by saying that “there was a loud vocal minority and a silent suffering majority.” “I have seen people posting videos of eating meat and then claiming to be animal lovers,” SG said.
He added that there are several instances of children dying due to rabies after dog bites. “Sterilisation does not stop rabies. Even if the dogs are immunised, that won’t stop them from mutilating children,” SG said. 37 lakh dog bites happen every year, which is an average of about 10,000 dog bites every day, he said quoting a report of the Economic Times. About 20,000 rabies deaths happen every year as per WHO statistics, he said.
“Only four or five species of snakes are poisonous. But we don’t keep them at homes. Nobody is saying kill dogs. They need to be separated. Kids are not able to play outside or go to school,” SG said.
Senior Advocate Kapil Sibal countered the SG by saying, “This is the first time I hear the Solicitor General say don’t look at the legislation which occupies the filed. There are the ABC rules. There is a Parliamentary legislation. That has to be complied with. How do you comply with? Who has to comply? The Municipal Corproation, what have they been doing over the years? Have they built shelter homes? Since they have not sterilised, dog numbers increased. Since they have no owners, the community is taking care of them. Where are the shelters? Where are the pounds? They will be culled.”
Sibal requested the bench to stay the order passed by the two-judge bench on August 11 to remove and relocate the stray dogs from Delhi-NCR to shelter homes. He particularly sought the stay of directions 1, 3, 4 and 5 of the August 11 order, which mandated the authorities to start picking up dogs. “There have been situations where there is not enough space in the shelters, and the dogs stay together and attack each other, causing pestilence. That will also affect humans,” Sibal said.
“If they don’t sterlise, don’t immunise, dogs will multiply,” said Sibal, who was representing an organisation called Project Kindness. He also sought for a direction to release the dogs which have already been picked up.
Justice Vikram Nath asked if the authorities have already started picking up the dogs, even though the August 11 order was uploaded only yesterday. Sibal answered in the affirmative.
Senior Advocate Dr Abhishek Manu Singhvi submitted that the suo motu order ignored the earlier orders passed by the Supreme Court, which disapproved en-masse picking up of dogs and held that the ABC Rules have to be strictly enforced. Singhvi said that at least 6 previous orders have been ignored by the two-judge bench.
Senior Advocate Siddharth Dave submitted that the August 11 order was passed only on the basis of the assertions of the Solicitor General and the amicus curiae and without hearing the animal rights activists. Senior Advocate Aman Lekhhi submitted that the directions were based only on anecdotal reports and unauthenticated videos.
Sterilisation and proper feeding of dogs will bring the population of the dogs down, said Senior Advocate Colin Gonsalves. Senior Advocate Krishnan Venugopal said that there are about 1 million dogs in Delhi-NCR and that the shelter homes can accommodate only about a thousand.
Justice Sandeep Mehta at this juncture interjected to say that all these statements are also “anecdotal.” “Where is the evidence?” Justice Mehta asked.
Senior Advocate Siddharth Luthra pointed out that the Delhi Government, in a connected matter, has filed an affidavit stating that they are ready to comply with the ABC rules.
The bench turned to Addl Solicitor General Archana Pathak Dave, representing the MCD, seeking their stand.
“What is your stand? This is happening because of the inaction of the Municipal Corporation. The Government does nothing. The local authorities do nothing,” Justice Vikram Nath said.
“Local authorities are not doing what they should be doing. They should be here taking responsibility. Everyone who has come here to file intervention should take responsibility,” Justice Nath said before concluding the hearing.
Background
The matter was heard by a bench comprising Justice Vikram Nath, Justice Sandeep Mehta and Justice NV Anjaria after it was shifted from the two-judge bench hearing the matter.
A two-judge bench comprising Justice JB Pardiwala and R Mahadevan, on July 28, took suo moto cognisance of a news item titled “City hounded by strays and kids pay price” published in today’s Delhi edition of The Times of India.
On August 11, it passed directions for the shifting of all stray dogs from the National Capital Territory of Delhi to dog shelters/pounds with immediate effect on the suggestions made by Senior Advocate and amicus Gaurav Agarwal.
The directions passed by the two-judge bench are:
1. State of NCT of Delhi, Municipal Corporation of Delhi(MCD), and New Delhi Municipal Corporation (NDMC) are directed to immediately make dog shelters and report about the creation of infrastructure all over State of NCT Delhi within 8 weeks. The dog shelters shall have sufficient personnel for sterilised and immunised stray dogs, and also for looking after stray dogs who would be detained there and not released in streets/colonies/public places. It will be monitored by CCTV to ensure no dogs are released or taken out.
2. Since this is progressive exercise, the dog shelters has to be increased over time, State/MCD/NDMC should begin with dog shelters for 5,000 dogs in next 6/8 weeks. NCT Delhi, MCD, and NDMC shall, at the earliest, start picking up stray dogs from all localities, more particularly vulnerable localities of the city as well as areas on the outskirts. How to do, it is for the authorities to look into it, and if they have to create a force, they shall do it at the earliest. However, this should be the first and foremost exercise to make all localities within city and outskirts free of stray dogs. There should not be any compromise in undertaking this exercise. If any individual or organisation comes of such force in the way of picking up stray dogs or rounding them up, and if its reported to us, we will proceed to take action against any such resistance which may be offered.We are issuing this directing keeping in mind the larger public interest.
Infants and young children, not at any cost, should not fall prey to rabies. The action should inspire confidence that they can move freely on roads without fear of being bitten by stray dogs. No sentiments should be involved in the entire exercise. This should be the first step in the process.
3. MCD/NDMC and the appropriate authority of Noida, Ghaziabad and Gurugram, all authorities are directed to maintain a record of daily stray dogs captured and housed in shelter homes. Such record shall be produced to us in the next date of hearing. However, what is important, and without which the entire exercise would be futile, not a single stray dog picked up from any part of locality should be released, and if we know that this has happened, we will take stern action.
4. Create a helpline within 1 week so that all cases of dog bites are reported. Action should be taken to round up, catch the dog within 4 hours after a complaint is received and any action of an individual or organisation coming in the way will be taken very seriously and we will proceed with contempt. The said dog will be captured, sterilised and immunised as required by Rules and shall not be released under any circumstances. The authorities concerned shall inform the medical facilities so that the victim is treated immediately.
Report in this regard shall be presented before us in next hearing.
5. Availability of vaccine is a major concern- authorities concerned are directed to put detailed information of vaccines available, the stock of vaccines and the persons who have sought it.
Any hindrance or objections that may be caused by any individual or organisations in the smooth and effective implementation of our directions, will be viewed as contempt of the Court and we will proceed in accordance with law.
Case Details: IN RE : ‘CITY HOUNDED BY STRAYS, KIDS PAY PRICE’|SMW(C) No. 5/2025
