Chief Justice of India BR Gavai on Wednesday said he would examine the ongoing matter concerning community dogs, after an advocate pointed out that different benches of the Supreme Court had issued conflicting directions on the subject.
The matter was mentioned before a bench headed by the CJI for urgent listing, where he responded, “I will look into this.” Advocate Nanita Sharma told the court that two benches of the apex court had delivered divergent orders regarding stray dogs.
“This is with regard to the community dogs issue… There is an earlier judgment of this court, of a bench of Justices JK Maheshwari and Sanjay Karol, which says there cannot be indiscriminate killing of canines and that compassion for all living beings has to be there,” Sharma submitted.
She was referring to a recent order by a bench led by Justice JB Pardiwala, directing the relocation of stray dogs in Delhi to dog shelters, and another order by Justice JK Maheshwari in May 2024, in which petitions on the stray dog issue were relegated to respective High Courts.
Justice Maheshwari had observed,
“Under all circumstances, there cannot be any indiscriminate killings of canines, and the authorities have to take action in terms of the mandate and spirit of the prevalent legislation(s) in place.”
Sharma mentioned the petition filed by the Conference for Human Rights (India), challenging a Delhi High Court order in its PIL seeking sterilisation and vaccination of community dogs in accordance with the Animal Birth Control (Dogs) Rules.
In August 2023, the High Court disposed of the PIL without issuing specific directions, noting satisfaction with the authorities’ actions.
The NGO approached the Supreme Court in July 2024, and a bench headed by Justice Gavai issued notice on the plea. On August 11, however, a bench of Justices Pardiwala and R Mahadevan, taking suo motu cognisance of a media report on stray dog attacks leading to rabies, ordered Delhi-NCR authorities to remove all stray dogs from localities within eight weeks and place them in dedicated shelters.
The court said there should be no compromise in making all localities free of stray dogs and ruled that no captured animal be released back onto the streets. It further ordered contempt proceedings against any individual or organisation obstructing the capture drive.
The bench termed the news report “very disturbing and alarming”, noting that the elderly and children were most affected by rabies resulting from dog bites.
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