The Supreme Court directed on Monday that all stray dogs in Delhi and the National Capital Region (NCR) be picked up within eight weeks and shifted to specially created shelters to be set up by local civic bodies. The court explicitly stated that none of the picked-up animals should be turned loose on the streets again.
A bench of Justices JB Pardiwala and R Mahadevan, hearing a plea filed on the court's own motion regarding the "alarming and disturbing" increase in attacks by stray dogs, threatened contempt proceedings against anyone—be it individual or organization—trying to hinder the trapping efforts. It also directed Delhi-NCR authorities to establish a helpline where all complaints of dog bites could be registered, with the offending dog to be picked up "within four hours" of receiving the complaint.
Round up all stray dogs from all localities, including localities on the outskirts of Delhi, and relocate them to some other place… Whether sterilised or not sterilised, the society has to be free and safe. You should not have any stray dogs around," the bench underlined.
The court critically condemned the current practice under the Animal Birth Control (ABC) Rules, where sterilised dogs have to be re-released at their original locations. "We have seen some illogical and absurd rules that you select one dog, sterilize them, and take them back to the same spot. We don't understand why you take them back," the bench observed. "Forget the rules and face reality.". These hounds are to be rounded up and taken into custody right away by any means. That's how you can ensure children and senior citizens are safe."
Solicitor General Tushar Mehta, who argued in court, welcomed the intervention, and senior advocate Gaurav Agrawal, who was appointed amicus curiae to aid the court, opined that the ABC rule mandating release into the same area "has to go," since "there is no proof that sterilisation puts an end to dog bites or removes the risk of rabies."
When senior counsel Sidharth Luthra requested leave to intervene in the case of animal rights activist Gauri Maulekhi, the court refused, saying, "All application for intervention is rejected. In the greater interest of people and the grim scenario prevailing which has jeopardized the safety and lives of children, senior citizens, and the rest of the people, we will not consider any application for intervention."
The court emphasized that its decision was motivated by pressing safety issues and not by public opinion. "No sentiments of any kind should guide this issue. The measures have to be initiated at the earliest… Will the animal rights activists succeed in restoring the lives lost? The children who were victims of dog bites? Now it is the time to act and rescue them."
The bench gave binding orders to Delhi authorities, Noida authorities, Ghaziabad authorities, and Gurugram authorities. "The Delhi government, MCD, NDMC, and authorities in Noida, Ghaziabad, and Gurugram will begin scooping up stray dogs from all localities, especially vulnerable localities, and outskirts. How to do it is for them, and if they need to form a force, they must do it.". The initial step is to render territories stray dog-free. In this, no compromise can be made."
Additionally, the Government of NCT of Delhi, MCD, NDMC, and concerned authorities in Noida, Ghaziabad, and Gurugram were directed to set up dog shelters within eight weeks with a capacity for 5,000 dogs. The facilities should have personnel to sterilise, vaccinate, and tend to the animals, which will no longer be taken back to public areas. The bench also ordered CCTV monitoring to ensure compliance, reiterating that "no dog should be let out back in the street or public places."
The court also ordered the establishment of a helpline for on-the-spot registration of complaints regarding dog bites, with offending dogs to be collected within four hours. "Any act of causing an obstruction shall be considered contempt of this court. Such dogs shall not be let off under any circumstances. They shall be sterilized and immunized according to the rules applicable," the bench asserted.
Noting issues brought forward by Agrawal regarding the lack of rabies vaccines, the court directed the government of Delhi to announce the availability and sites of genuine vaccines.
The bench reemphasized that any hindrance by individuals or groups will be considered contempt, stressing, "We are doing this in the larger public interest. Infants and children should not become victims of dog bites and rabies… Actions should instill in the minds of young and old alike that they can move around without fear of dog bites."
These directions followed the court’s suo motu taking cognizance on July 28 after media reports on the death of six-year-old Chavi Sharma in Delhi’s Pooth Kalan area. She was bitten by a rabid dog on June 30 and succumbed to rabies on July 26 despite treatment.
It was then that the court labelled the situation as "extremely troubling" and observed "hundreds of dog bite cases" in the city and outskirts alike. The court had filed a suo motu writ petition, and the stage is now set for the detailed orders made on Monday.
The case will again come up for hearing in six weeks, when the authorities are required to file a compliance report.
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