This order sparked widespread controversy across the country. Several lawyers filed petitions before the Chief Justice of India, arguing that the order contradicted existing laws. The case subsequently went to a larger bench of three judges, who issued a new order on Friday. The court ruled that dogs should only be captured for sterilisation and then released back into their areas. Along with this, the Supreme Court also issued new guidelines regarding the feeding of stray animals.
11 August Order
On 11 August, the two-judge bench issued several directives regarding stray dogs. Municipal authorities in Delhi, Noida, Ghaziabad, Gurgaon, and Faridabad were instructed to remove all stray dogs from their respective areas as soon as possible and keep them permanently in shelters. The bench stated in its judgment that not a single dog picked up from any area would be released back onto the streets/public places. This court order was clearly contrary to the Animal Birth Control Rules, 2023 (ABC Rules), which stipulate a ‘catch-neuter-vaccinate-return’ policy.
However, the court justified its decision, stating that it was made to prevent children and the elderly from becoming victims of dog bites and contracting rabies. The order stated that no sentiments should be hurt during the entire process. It also warned that strict action would be taken against any individual or organisation obstructing the work of the authorities. The court also ordered the immediate construction of shelters with a capacity of 5,000 dogs within six to eight weeks.
22 August Order
On 22 August, a three-judge bench, while hearing the case, stated in its order that dogs picked up from the streets would be sterilised, dewormed, and vaccinated. Afterward, they would be released back into the same area from where they were picked up. The court also stated that this policy would not apply to dogs infected with rabies or suspected of being infected with rabies. Under no circumstances would they be released onto the streets. The court said that arrangements would have to be made to keep such dogs separately.
Furthermore, the court banned feeding stray dogs on roads and in public places. The court instructed municipal authorities to create feeding zones for stray dogs in each ward. Legal action would be taken against those found feeding dogs outside designated areas.
What Remained Unchanged in the New Order?
- The three-judge bench did not completely overturn the 11 August order. The instruction to municipal authorities to build shelters for dogs remains in effect.
- These shelters will be used to house aggressive or rabid dogs that cannot be released onto the streets.
- The court reiterated the warning from the previous order, stating that no individual or organisation would create any obstacle or hindrance for the authorities in the implementation of the court’s new directives.
