Delhi HC seeks govt plan to remove community dogs

The court’s direction, issued through an order dated May 21 and made public on Monday, came during a hearing on a plea by Pratima Devi

Concerned over increasing instances of dog bites in the Capital, the Delhi high court has directed the city government to formulate a policy for the “rehabilitation of community dogs at an institutional level” so that they can be gradually removed from the streets.

Agencies follow the Animal Birth Control (ABC) Rules, 2023, under the Prevention of Cruelty to Animals Act, 1960, which prohibit relocation of community dogs except temporarily for sterilisation and vaccination. (HT PHOTO)

The court’s direction, issued through an order dated May 21 and made public on Monday, came during a hearing on a plea by Pratima Devi, an octogenarian who challenged the Municipal Corporation of Delhi (MCD) demolition of a makeshift shelter in Saket where she cared for over 200 dogs.

“This court notes that various instances of dog bites by stray dogs have come forth, reported regularly in newspapers, along with several petitions wherein such incidents have been brought to the court’s notice,” said a bench of justice Mini Pushkarna. “A policy decision must be taken by the stakeholders to ensure stray dogs are rehabilitated and phased out from public roads and streets.”

Experts said the order could be in contradiction to the law. Agencies follow the Animal Birth Control (ABC) Rules, 2023, under the Prevention of Cruelty to Animals Act, 1960, which prohibit relocation of community dogs except temporarily for sterilisation and vaccination. Once treated, dogs must be returned to their original locality and a detailed register needs to be maintained for each dog.

Forming a wider policy as suggested by the court may not only be “legally untenable”, but also “impractical”, experts said. “It’s neither feasible nor humane to confine such a vast population of dogs. This will only cause suffering and undermine decades of community-based dog population management,” said Gauri Maulekhi, trustee of People for Animals (PFA). “It does nothing to address the root causes of the human-dog conflict.”

In Delhi, the root cause for human-dog conflicts are the lack of designated feeding spots in the city, poor monitoring of the ABC programme, and lack of public awareness around treatment of community dogs. “If the dog is relocated for sterilisation and not released at the correct spot, it adds to the conflict. Similarly, until feeding points are designated, there will be neighbourhood-level conflicts on where to feed them,” Maulekhi said.

The HC order referred the matter to Delhi chief secretary, stating, “Considering the sensitivity of the case and the magnitude of the problem… the matter is referred to the Chief Secretary, Government of NCT of Delhi.”

Devi’s petition argued that the MCD razed her shelter without prior notice. In response, the court had granted interim protection in January 2023, allowing her to cover the shelter with tarpaulin as a temporary measure.

On March 25, the court ordered Delhi government officials, the AWBI and the petitioner to hold a joint meeting to resolve the issue, warning that leaving 200 dogs in the open “may create a very serious situation.”

During the May 21 hearing, officials said the dogs would be released back to the streets after sterilisation and vaccination. The court, however, rejected this approach due to the sheer number of animals. The matter is now scheduled for further hearing on August 6.

Animal rights organisations argue that the focus should be on effective implementation of the ABC Rules, rather than removing dogs from the streets.

“It is simply not feasible. The cost for land, housing them, feeding them – it will all be rather steep. On top of it, they will have to be sterilised. Why can’t agencies simply focus on effective implementation of ABC rules?” said Ambika Shukla, director of the Sanjay Gandhi Animal Care Centre and a PFA trustee. “The Centre should support states with funds and manpower for sterilisation, rather than propose mass removals.”

Sonya Ghosh, another Delhi-based animal activist who has filed multiple pleas on community dog welfare, said the court’s latest order contradicts both the ABC Rules and Supreme Court judgments.

“There is no reasoning behind such an order. It contradicts the SC’s directions that ABC Rules need to be followed when it comes to community dogs. The HC in 2021 had also clearly stated that stray dogs have the right to food and citizens have the right to feed them. The new directive contradicts this,” she said.