New Delhi, Aug 22: The Supreme Court on Friday modified its direction prohibiting the release of vaccinated stray dogs from pounds in Delhi-NCR calling it “too harsh” and ordered the canines to be released post sterilisation and de-worming.
A three-judge special bench headed by Justice Vikarm Nath expanded the scope of the stray dogs case beyond the confines of Delhi-NCR and directed all states and union territories to be made parties in the matter.
The bench, however, said municipal authorities would continue to comply with the August 11 directions to pick up stray dogs from all localities of Delhi, Ghaziabad, Noida, Faridabad and Gurugram and immediately create dog shelters or pounds.
The bench said the August 11 direction, passed by a two-judge bench for the permanent relocation of strays from streets to shelters, should be kept in abeyance for the time being.
“The dogs that are picked up shall be sterilised, dewormed, vaccinated, and released back to the same area from which they were picked up,” the bench, also comprising Justices Sandeep Mehta and N V Anjaria, said.
It clarified the relocation should not apply to dogs infected with rabies or suspected to be infected with rabies and those displaying aggression.
Before any direction for impounding entire stray dog population was given, the court said, it was necessary to examine the existing infrastructure and human resources available with municipal bodies.
“A blanket direction to pick up all the strays and place them in dog shelters/pounds without evaluating the existing infrastructure may lead to a catch-22 situation because such directions may be impossible to comply with,” the bench said.
Outlining the need for a holistic approach in the matter, the bench modified the August 11 directions and said, “Thus, the direction given in the order dated August 11, 2025, prohibiting the release of the treated and vaccinated dogs seems to be too harsh, in our opinion.”
Municipal authorities were further directed to create dedicated feeding spaces for stray dogs in each municipal ward.
The bench said feeding areas should be created or identified keeping in view the population and concentration of stray dogs in the particular municipal ward.
“Gantries/notice boards shall be placed near such designated feeding areas, mentioning that stray dogs shall only be fed in such areas. Under no condition shall the feeding of stray dogs on the streets be permitted,” it said.
Persons found feeding dogs on streets in violation of its directions would face punishment, the bench added.
The top court referred to reports on untoward incidents caused by unregulated feeding of stray dogs while issuing its directions.
It also considered eliminating the practice of feeding dogs on roads and in public places as it posed “great difficulties for the common man” walking on the streets.
Each municipal authority was also ordered to create a dedicated helpline for reporting incidents of violation of the directions.
The top court ordered appropriate measures against the individual or organisation concerned once complaints were received on the helpline.
Modifying the relevant direction, the bench said, “No individual or organisation shall cause any hindrance or obstruction in the effective implementation of the directions given above.”
In case of any obstruction in the work of the public official, the violator was ordered to face prosecution.
Notably, the bench directed each individual dog lover and NGO that has approached the top court to deposit Rs 25,000 and Rs 2 lakh, respectively, with the apex court registry within seven days, failing which they will not be allowed to appear in the matter any further.
“The amounts so deposited shall be utilised in the creation of the infrastructure and facilities for the stray dogs under the aegis of the respective municipal bodies,” the bench said.
It directed the municipal authorities to file an affidavit of compliance with complete statistics of resources like dog pounds, veterinarians, dog catching personnel, specially modified vehicles and cages available as on date for the purpose of compliance of the Animal Birth Control (ABC) Rules.
The top court said desirous animal lovers should be free to move application to the municipal body concerned for adoption of street dogs and it would be the applicant’s responsibility to ensure the adopted canine did not return to the streets.
The bench noted several pleas or suo motu petitions were pending in various high courts dealing with common issues.
“Hence, the registry shall seek information about such pending writ petitions from the registrar generals of all the high courts, and thereafter, these writ petitions shall stand transferred to this court for analogous consideration along with the main matter,” it said.
The bench impleaded all states and union territories while observing application of ABC Rules was uniform all over India.
It posted the matters after eight weeks for further directions.
The bench’s order came in a suo motu case initiated on July 28 over a media report on stray dog bites leading to rabies, particularly among children, in Delhi.(PTI)
