SC Balances Public Safety and Animal Rights in Stray Dog Case

The Supreme Court has modified its earlier order directing the impounding of stray dogs across Delhi and the NCR, striking a balance between the safety of citizens and the rights of animals. The action comes after suo motu consideration was taken on a Times of India report highlighting the tragic death of a six-year-old girl from rabies following a stray dog attack.

In its August 11 order, a two-judge bench had commanded authorities to capture, sterilize, and immunize all stray dogs, avoiding their release back onto the streets. The comprehensive directions drew strong opposition from animal rights groups, who argued that the move violated the Animal Birth Control (ABC) Rules, 2023, which require sterilized and vaccinated dogs to be released back in their original localities.

A three-judge bench led by Justices Vikram Nath, Sandeep Mehta, and N.V. Anjaria today softened those directions, ruling that while sterilization, vaccination, and giving of antiparasitic treatment must continue, healthy dogs must be released back to their areas. However, rabid or aggressive strays are to be confined in shelters and not returned to the streets.

The Court also issued sweeping new guidelines:

1. Dedicated feeding zones must be established in every municipal ward, with street feeding banned to prevent public nuisance.

2. Helplines are to be set up to report violations, and obstructing civic authorities will invite prosecution.

3. NGOs and individuals petitioning the Court must deposit money (Rs. 25,000 for individuals, Rs. 2 lakh for NGOs) to support infrastructure for shelters.

4. Adoption of stray dogs is encouraged, with full responsibility placed on adopters.

States and Union Territories have now been implemented, expanding the issue nationwide.

Solicitor General Tushar Mehta, appearing for Delhi authorities, highlighted that India recorded over 37 lakh dog bites in 2024, with rabies claiming several lives, stressing that sterilization alone cannot prevent attacks. The Court agreed that while public safety is paramount under Article 21 (Right to Life), the solution must remain within the legal framework of the ABC Rules.

The case, which has now absorbed similar pending matters from High Courts across the country, will be taken up again in eight weeks for compliance review.

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