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SC orders removal of all stray dogs from Delhi-NCR streets within 8 weeks
The court criticised the practice under the Animal Birth Control Rules that mandates the release of sterilised dogs back into the same locality
The Supreme Court on Monday directed that all stray dogs in Delhi and the National Capital Region (NCR) be rounded up within eight weeks and housed in dedicated dog shelters to be set up by civic authorities, making it clear that no captured animal will be released back on the streets.
A bench of justices JB Pardiwala and R Mahadevan, hearing a petition registered on its own motion on the “alarming and disturbing” rise in stray dog attacks, ordered contempt proceedings against any individual or organisation that attempts to obstruct the authorities from carrying out the capture drive. It directed that authorities in Delhi-NCR must set up a helpline so all dog bite complaints can be registered, with the offending animal picked up “within four hours” of a complaint.
“Round up all stray dogs from all localities, including localities on the outskirts of Delhi, and shift them to some other place…Whether sterilised or not sterilised, the society must feel free and safe. You should not have any stray dogs roaming around,” the bench said.
The court criticised the practice under the Animal Birth Control (ABC) Rules that mandates the release of sterilised dogs back into the same locality. “We have noticed some unreasonable and absurd rules that you pick one dog, sterilise them, and bring them back to the same place. We fail to understand why you bring them back,” the bench said. “Forget the rules and face reality. These dogs are to be rounded up and captured immediately by whatever means. That’s how you can make children and senior citizens feel safe.”
The court was hearing Solicitor General Tushar Mehta, who welcomed the court’s intervention, and senior advocate Gaurav Agrawal, appointed amicus curiae to assist the bench, who suggested that the ABC rule mandating release back into the same area “must go” since “there is no evidence that sterilisation stops dog bites or eliminates the threat of rabies.”
When senior advocate Sidharth Luthra sought to intervene on behalf of animal rights activist Gauri Maulekhi, the court refused. “All intervention applications are rejected. In the larger interest of people and the grim situation prevailing that has put the safety and lives of children, senior citizens, and everyone else in peril, we will not entertain any intervention application.”
It stressed that its action was not motivated by public sentiment but by urgent safety concerns. “No sentiments of any nature should influence this matter. The actions have to be taken at the earliest… Will animal rights activists be able to bring back the lives lost? The children who have fallen prey to dog bites? It is now the time to act and save them.”
The bench issued a series of binding directions to authorities in Delhi, Noida, Ghaziabad, and Gurugram. “The Delhi government, MCD, NDMC, and authorities in Noida, Ghaziabad, and Gurugram will start picking stray dogs from all localities, particularly vulnerable localities, and areas on the outskirts. How to do it is for them, and if they have to create a force, they should do that. The first step is to make localities free of stray dogs. There cannot be a compromise in this.”
It added that the Government of NCT of Delhi, MCD, NDMC, and appropriate authorities in Noida, Ghaziabad and Gurugram are directed to create dog shelters within eight weeks for 5,000 dogs.” These shelters must have personnel to sterilise and immunise the animals and “look after these dogs who will not be released back.” CCTV monitoring will ensure compliance, said the bench, emphasising that no dog should be released back in the street or public spaces.
“We direct the authorities to create a helpline so that all complaints of dog bites are immediately registered. Action of picking up dogs must be taken within four hours of a complaint of dog bite being lodged. Any act of creating an impediment shall be viewed as contempt of this court. Such dogs shall not be released under any circumstances. They shall be sterilised and immunised as per the applicable rules,” said the bench.
It ordered that the Delhi government will publicise the availability and location of authentic rabies vaccines, noting the concern expressed by Agrawal regarding current shortage. The bench reiterated that any hindrance or obstruction caused by individuals or organisations will be treated as contempt. “We are doing this in the larger public interest. Infants and children must not fall prey to dog bites and rabies…Actions should inspire in the minds of young and old alike that they can move freely without the fear of dog bites.”
The directions follow the court’s suo motu cognisance on July 28 after media reports on the death of six-year-old Chavi Sharma from rabies in Delhi’s Pooth Kalan area. She was bitten on June 30 by a rabid dog and succumbed on July 26 despite treatment.
On that day, the court called the situation “extremely troubling” and noted “reports of hundreds of dog bite incidents” in both urban and peripheral areas. The court had then directed that the matter be registered as a suo motu writ petition, setting the stage for Monday’s sweeping orders. The matter will be heard again after six weeks for a compliance report.
