Supreme Court tweaks order: Release stray dogs after sterilisation, rabid ones to be put in shelters; no public feeding

The court had directed authorities to capture stray dogs from the streets

The Supreme Court on Friday modified the August 11 order saying stray dogs will be released back to the same area after sterilisation and immunisation, except those infected with rabies or exhibiting aggressive behaviour.

A three-judge bench comprising Justice Vikram Nath, Justice Sandeep Mehta and Justice NV Anjaria heard the case.

"Dogs with rabies or aggressive behavior shall not be released. No public feeding of dogs allowed. Dedicated feeding spaces of stray dogs to be created. There have been instances due to such feeding instances," the top court said.

The Supreme Court also directed municipal authorities to create dedicated spaces to feed stray dogs. "We have impleaded all states, Union Territories and expanded the scope of matter pan India," it said.

However, the top court said those who obstruct the work of catching stray dogs will be fined Rs 25,000 to Rs 2 lakh. It said animal lovers can reach out to the Municipal Corporation of Delhi to adopt stray dogs.

The apex court also said that notice boards shall be placed near designated feeding areas mentioning that stray dogs shall only be fed in such areas. “Municipal authorities shall comply with para 12, 12.1 and 12.2, prohibition on release of strays shall be stayed. They shall be dewormed, vaccinated, etc and sent back to the same area," Justice Nath said.

It also directed its registry to seek information from all high courts where petitions are pending on the issue of stray dogs and orders that all such matters be transferred to the top court.

Hailing the top court's verdict in this matter, Supreme Court lawyer and petitioner Nanita Sharma called it a "balanced order." She stated that all matters regarding dog issues pending in all courts in all states will be brought under one court.

"This is a balanced order. The court has involved all states in this case. All matters regarding dog issues pending in all courts in all states will be brought under one. They have said that regular dogs should be sterilised and aggressive dogs should be put in pounds/ animal shelters. The court has ruled that MCD will establish designated feeding areas for dogs..." Sharma told ANI.

A two-judge bench of the apex court had on August 11 passed a slew of directions, including ordering the authorities in Delhi-National Capital Region (NCR) to start picking up stray dogs from all localities "at the earliest" and relocate the canines to dog shelters.

Widespread protests were reported across the country following the Supreme Court’s August 11 order.

The bench passed the order in a suo motu case initiated on July 28 over a media report on stray dog bites leading to rabies, particularly among children, in the national capital.

A senior government official told Indian Express that the current practice, as per the Animal Birth Control (ABC) Rules, 2023, is to pick up stray dogs, take them for sterilisation, and then release them back to the same locations from where they were picked.