Supreme Court of India 
India

Stray dogs case goes back to bigger SC bench—Here's what's the uproar all about

The initial order called for 5,000 stray dogs to be rounded up and put into shelters in six to eight weeks.

A reconstituted larger, three-judge Supreme Court bench, Justices Vikram Nath, Sandeep Mehta, and NV Anjaria, is set to hear key petitions regarding the relocation and well-being of stray dogs in Delhi-NCR today, August 14.

Background-The disputed order

Earlier this week, another bench headed by Justices J.B. Pardiwala and R. Mahadevan instructed all municipal authorities within Delhi-NCR to take stray dogs into custody instantly and relocate them permanently to specific shelters. This was in view of a "grim" public health scenario, with an upsurge in cases of rabies and a rise in dog bites, mostly among children, women, and the elderly.

The initial order required that

- 5,000 stray dogs be rounded up and housed in shelters within six to eight weeks.

- Permanent shelters (capability for at least 5,000 dogs each) be established in Delhi-NCR, manned and equipped for sterilisation, deworming, vaccination, and daily feeding.

- Stray dogs taken off the streets should not be re-released, unlike before, and all shelters should have CCTV monitoring to avoid release of animals.

Severe legal penalties were threatened for any interference with the removal process, emphasizing judicial determination to enforce compliance.

Protests and resistance

Animal rights organizations, celebrities, and political leaders have strongly protested against the Supreme Court order. Their main concerns:

- Delhi’s infrastructure is woefully inadequate for mass relocation, with only about 20 shelters, most of which are overcrowded and in poor condition, leaving a huge gap for an estimated stray dog population approaching 1 million.

- Displacement does not solve the underlying problem, as vacated territories can quickly be occupied by new strays.

- The order is in direct contravention of Animal Birth Control (ABC) Rules, which mandate sterilisation and vaccination, followed by release in the original vicinity—not mass permanent resettlement or killing.

Protests broke out at places such as India Gate, and many activists were arrested. The discussion reflects a deep cleavage between animal welfare organisations holding out for ABC-based management and those focusing on the urgent safety of the public against the danger presented by stray dogs.

Legal controversy: ABC rules and inconsistent judgments

According to the ABC Rules, sterilised and vaccinated dogs are supposed to be released back to their areas of residence, barring instances of rabies or aggression. The recent Supreme Court directive deviates from customary practice and earlier court judgments (including one in 2022 ruling against relocation), creating greater legal ambiguity.

Chief Justice B.R. Gavai recognized conflicting judicial opinions and pledged the Supreme Court would "look into" the larger question, following a lawyer appealing to constitutional principles of compassion and data-driven, humane solutions.

Practical hurdles

- The scope of the problem is gargantuan: Delhi alone has almost 1 million stray dogs. Current shelter facilities fall short and are beset by sanitary horrors, under-staffing, and improper medical treatment.

- Experts say targets for sterilization (70%) and the eight-week deadline are close to being impossible under existing conditions.

- Local authorities have logistical, financial, and operational issues in store, such as obtaining land, expanding animal care, and providing humane treatment.

What's next

The current hearing will address several connected petitions and pleas, such as those against the mass removal order and for strong enforcement of the ABC Rule. The whole nation is watching the Supreme Court, which will determine the direction India takes to balance public security, humane animal management, and legal certainty in addressing its stray dog problem.

Key points

- Supreme Court bench to revisit mass stray dog removal and sheltering in Delhi-NCR amidst controversy and protest.

- The decree constitutes a drastic departure from ABC Rules, initiating legal, ethical, and logistical outcry.

- Infrastructure deficiencies and activist resistance present formidable challenges to expeditious implementation and humane application.

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