Supreme Court raps Delhi govt over stray dog rules inaction, reserves order

Hindustan Times

2 days ago

The Supreme Court on Thursday criticised the Delhi government and its civic bodies for failing to implement their own regulations on stray dog management, even as it reserved its verdict on pleas to suspend an August 11 order of a two-judge bench that had directed the mass capture and sheltering of such animals across Delhi-NCR. The court did not clarify when its order would be delivered. Dogs at the Shivalay Animal Wellness Centre in Noida on Wednesday. (PTI)
'You frame laws and rules but do not implement them. On one hand, humans are suffering and on the other, animal lovers complain of non-adherence to rules. Animal boards and authorities do nothing. They should have implemented their own rules but they do nothing,' the three-judge bench led by Justice Vikram Nath told additional solicitor general Archana Pathak Dave, who appeared for the Delhi government.
The bench was hearing challenges to directions issued last week by justices JB Pardiwala and R Mahadevan, mandating civic bodies in Delhi, Noida, Ghaziabad and Gurugram – later expanded in a written order to include Faridabad – to round up all stray dogs within eight weeks and keep them in dedicated shelters, with no re-release onto the streets.
Solicitor general Tushar Mehta, also for the Delhi government, said urgent action was needed given 'shocking' incidents of child mutilation and deaths from dog bites. 'There is a very vocal population in every country. We have seen videos of people eating meat and then projecting themselves as animal lovers. Children are dying because of dog bites. It is very painful. Sterilisation does not stop rabies or mutilation of children. Dog bites account for 3.7 million cases a year. Dogs are not to be killed but must be separated, sterilised and treated well. This court has to find a solution,' Mehta said.
But a battery of senior advocates appearing for animal welfare groups and activists urged the bench to stay key portions of the August 11 order, arguing that it disregarded the Prevention of Cruelty to Animals Act, 1960, the Animal Birth Control (ABC) Rules, and multiple prior Supreme Court rulings requiring sterilisation and immunisation, not mass removal, as the lawful approach.
Senior advocate Kapil Sibal, representing NGO Project Kindness, argued that the order was 'ignorant of the laws and rules concerned' and risked unlawful culling. 'Dogs are being picked up without adherence to any rules or regulations… The direction of putting them in shelters does not arise when there are no shelters. They should not be picked up and must be released back if picked up for sterilisation. They are going to be culled. Seven dogs have already been picked up and we do not know where they are.'
Senior counsel Abhishek Manu Singhvi pointed to government data tabled in Parliament two weeks ago showing no deaths from dog bites in Delhi between 2022 and 2025, disputing the urgency claimed by the state.
Senior advocates Anand Grover, Sidharth Luthra, Siddharth Dave, Aman Lekhi and Colin Gonsalves also supported a stay, noting that the August 11 order had been passed without hearing NGOs and other stakeholders, and that similar directions were now being issued by other high courts.
One lawyer, however, said the interests of humans must also be safeguarded and that those advocating for strays 'have to bear some responsibility.'
The bench reserved its order after asking the Delhi government to clarify whether it intended to abide by the statutory rules. ASG Dave assured the court: 'We will comply with all the directions to be passed by the bench.'
Thursday's hearing followed an unusual administrative move by Chief Justice of India (CJI) Bhushan R Gavai, who a day earlier withdrew the suo motu case from the Pardiwala bench and reassigned it to the present larger bench headed by justice Nath.
The transfer came after advocate Nanita Sharma, for NGO Conference for Human Rights (India), told the CJI on Wednesday morning that the August 11 directions conflicted with a May 9, 2024 Supreme Court judgment that had closed a long-running batch of stray dog management cases, prohibited indiscriminate killing of community dogs, and required strict adherence to the PCA Act and ABC Rules.
CJI Gavai initially noted that 'the other bench has already passed orders' but assured Sharma he would 'look into this.' Hours later, the case was listed before justices Nath, Sandeep Mehta and NV Anjaria, along with a fresh petition on the same issue filed on Wednesday morning.
The August 11 order drew swift criticism from animal rights groups, who warned that sweeping removals could cause suffering and undermine proven, humane measures such as sterilisation, vaccination and community feeding.
A detailed written order, issued on Wednesday even as the case was reassigned, sought to add welfare safeguards — directing that dogs in shelters must not be mistreated or starved, that overcrowding be avoided, vulnerable dogs be housed separately, and timely veterinary care be provided. It also allowed adoptions under strict conditions and the Animal Welfare Board of India's protocols, warning that any re-release of adopted dogs into public spaces would invite 'the strictest of action.'
The suo motu proceedings began after the death of a six-year-old Delhi girl from rabies following a dog bite, with the Pardiwala bench citing 'disturbing patterns' of such incidents and civic agencies' failure to keep public areas safe. Whether its contentious August 11 order survives now depends on the pending judgment of the new bench.