Guwahati: The Supreme Court on Thursday reserved its order on an interim plea seeking a stay on its August 11 directive to remove stray dogs from the capital’s streets and confine them to shelters within six to eight weeks.
A three-judge Bench headed by Justice Vikram Nath, and comprising Justices Sandeep Mehta and N.V. Anjaria, declined to grant an immediate stay on the order issued by a Division Bench of Justices J.B. Pardiwala and R. Mahadevan. The Bench observed that local authorities were failing in their responsibilities.
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Solicitor General Tushar Mehta, representing the Union Government, stressed that most fatalities from dog bites and rabies involved children, describing the matter as a pressing public health concern. “Nobody is an animal hater. Children are dying. This issue needs to be resolved, not contested,” he said.
Senior advocate Kapil Sibal, appearing for an NGO caring for stray dogs, argued that parts of the August 11 order violated the Animal Birth Control (ABC) Rules, 2023, which prohibit relocating strays from their original habitats. He sought a stay on the directive, citing the seriousness of the issue.
Senior advocate A.M. Singhvi, representing another petitioner, contended that the order was impractical as adequate shelter facilities were unavailable to house the large stray dog population. He said it also conflicted with earlier Supreme Court rulings that mandated compliance with the ABC Rules, 2023.
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The suo motu case, initially heard by Justice Pardiwala’s Bench, was reassigned by Chief Justice of India B.R. Gavai to the present Bench after a lawyer referred to a May 9, 2024, order urging compassion towards stray canines.
Justice Pardiwala had earlier taken cognisance of rising stray dog attacks on children, directing authorities to begin removing dogs from vulnerable localities and city outskirts.
However, the order has triggered widespread criticism from animal rights activists, welfare groups, and public figures, who argue that Delhi lacks the infrastructure to accommodate an estimated eight lakh strays. They have warned that mass capture could lead to logistical chaos and cruelty towards the animals.