Supreme Court orders all stray dogs in Delhi NCT must be held in shelters

• All of Delhi’s stray dogs must be held in shelters only, due to “extremely grim” situation of dog bites and rabies

• Govt of Delhi NCT to create shelters within 6-8 weeks, to accommodate 5,000 animals each, and to round up and hold community dogs from everywhere in the National Territory

• Dog bite helpline to be instituted within 1 week and reported dogs to be rounded up within 4 hours of complaint

• Any individuals or entities obstructing the authorities to be charged with contempt of court

Terming the stray dog menace in the city as "extremely grim", the Supreme Court on 11 August, Monday, has directed the Delhi government and civic bodies to start picking up strays from all localities at the earliest and keep them at dog shelters.

While passing a slew of directions to tackle the menace of dog bite incidents, the court warned that if any person or organisation comes in the way of picking up of stray dogs by the authorities, strict action will be taken against them — and quoted dialogue from The Good, the Bad and the Ugly, saying "when you want to shoot, don't talk," signalling its refusal to compromise or heed earlier rules around this issue.

A bench of justices J.B. Pardiwala and R. Mahadevan said that as of now, the dog shelters should be created to accommodate around 5,000 stray dogs and sufficient personnel should be deployed there to sterilise and immunise the canines.

It said the stray dogs be kept at dog shelters and not be released on streets, colonies and public places. "Not a single dog picked up from any part should be released back," the court said.

"We are issuing these directions keeping larger public interest in mind," the bench said, adding that infants, young children should not at any cost fall prey to stray dog bites leading to rabies.

It also directed the authorities to create a helpline within a week so that all dog bite cases are reported immediately.

The top court had on 28 July taken suo motu cognisance of a media report of a dog bite incident leading to rabies in Delhi.

"The State of NCT Delhi, MCD and NDMC is directed to create dog shelters and report to this Court creation of such infrastructure within 8 weeks. The dog shelters should have sufficient staff to sterilise and immunise. The dog shelter would be monitored by CCTV," the order said.

The Court also had some harsh comments for animal rights activists who have objected to the removal of stray dogs, citing — among other supporting materials — the Animal Birth Control (Dog) Rules, 2001, enacted under the Prevention of Cruelty to Animals that states sterilisation and vaccination are the only legal means of stabilising/reducing stray dog populations and eliminating the risk of rabies. That rule expressly prohibits the relocation of stray dogs, i.e. throwing, or driving them out of one area into another.

Until now, there were strictures against removal of dogs from their native locality per the Stray Dog Management Rules of 2001, which made it illegal for an individual, RWA or estate management to remove or relocate dogs. According to this, dogs had to be sterilised and vaccinated and returned to the same area. Vaccinated and sterilised dogs were not to be removed by not just private entities, but it was not allowed for municipal authorities as well.

In the past, in 2009 for instance, the Supreme Court had itself upheld these rules with a stay order against removal, culling or dislocation of dogs anywhere in India.

"All these animal activists, will they be able bring back who have fallen prey to rabies?" the Bench now asked, however, and said it would take stringent action against any obstruction. "Any resistance by individuals or organisation will be viewed seriously. It will be liable to face contempt," the court said.

Until this order, animal lovers and animal welfare activists often relied upon Rule 20 of the Animal Birth Control (ABC) Rules, 2023, which makes it mandatory for residents’ welfare associations or apartment owners to provide food to stray animals on their premises. Now, there is considerable confusion as to whether this rule stands suspended, and whether canines and feeders are no longer protected by the Prevention of Cruelty to Animals Act.

The Court said that the order is being passed for public interest and dogs should be shifted to far off places.

"We are not doing this for us — it is for the public interest. So no sentiments of any nature should be involved. Action should be taken at the earlier. Pick up dogs from all localities and shift them to far off places," the Bench instructed.

This is also resulting in some confusion, as the order pertains to Delhi NCT — but how is 'far off' to be defined? Many — including media houses such as NDTV, which has long campaigned against the 'stray dog menace' — are interpreting the order to encompass the whole of the NCR, which includes more of Uttar Pradesh, Haryana and Punjab.

The Bench also ordered the local municipal authorities to maintain detailed records of captures: "MCD, NDMC and appropriate authority of Noida and Gurugram, all authorities are directed to maintain record of daily stray dogs captured and detained. However, what is important, and without which the entire exercise would go futile, not a single stray dog should be released and if we know that this has happened, we will take stern action," the Court stated in its order.

The other part of the order relates to the paucity of rabies vaccines, a further cause of fatalities, the court had been told by solicitor general Tushar Mehta and amicus curiae Gaurav Agrawal.

Accordingly, the court directed: "The authorities concerned, more particularly the Government of NCT Delhi, is directed to put detailed information about the place where such vaccines are available, the stock of vaccines and the number of persons who report for treatment on a monthly basis."

It also ordered a helpline for dog bites be instituted within one week. "Action must be taken to round up dogs within four hours from complaints received," the court directed.

A further hearing is scheduled for 6 weeks hence.

With PTI inputs