SC modifies dog order: Strays to be released after shots, but no street feeding

THe sublime margaret court on fri modified its before directive on the manipulation of stray dogs, clarifying that canines picked up under its August 11 order will be released back after sterilisation and immunisation, except those suffering from rabies or displaying aggressive behaviour. While the earlier two-judge bench had barred authorities from releasing captured strays and had warned of contempt proceedings for any laxity, the latest order lifted that prohibition, bringing a significant change in the interim framework.A bench of justices Vikram Nath, Sandeep Mehta and NV Anjaria further widened the scope of the case beyond Delhi-NCR, directing that the matter be treated as pan-India. Follow Supreme Court stray dogs order news updates“It is still an interim direction. We have expanded the scope pan-India and have issued notices to all states and UTs, notices to concerned departments, since there are various similar matters pending before this court so that a national policy could be framed to deal with the issue. We have suggested some modifications in the previous order,” Justice Nath, who read out the operative part of the order in open court, said.Also Read: 5 big takeaways from Supreme Court's verdict on stray dogs in Delhi-NCRThe bench impleaded all states and Union territories as parties and said it will transfer to itself similar petitions pending before different high courts, with a view to evolving a uniform national policy for stray dog management.The court reiterated that municipal authorities in Delhi, Noida, Ghaziabad, Gurugram and Faridabad must proceed with the mass capture of stray dogs and establish shelters or pounds for their relocation. Reports on the creation of such infrastructure across NCR will have to be filed before the court.At the same time, the bench modified direction three of the August 11 order, which had barred the release of stray dogs, and directed instead that only rabid or aggressive dogs be excluded from release after sterilisation and immunisation.In a further modification, the court directed municipal bodies to identify and create designated feeding areas within each ward while making it clear that feeding stray dogs in public spaces would not be permitted under any circumstance. “If violated, they will be proceeded under law,” the order said. Municipal authorities have also been asked to establish helpline numbers to report violations.The bench stressed that no individual or organisation should obstruct the functioning of municipal bodies in capturing stray dogs. Public servants facing obstruction will be free to initiate proceedings against those responsible, and each NGO or animal lover found creating hindrance may be directed to pay ₹25,000 as costs.The court clarified that animal lovers who wish to adopt stray dogs may approach municipal corporations with applications for adoption.The August 11 order, passed by justices JB Pardiwala and R Mahadevan, required the Municipal Corporation of Delhi (MCD) and civic agencies in Noida, Ghaziabad, Gurugram – later expanded in a written order to include Faridabad – to round up all stray dogs within eight weeks and keep them in dedicated shelters, with no re-release onto the streets. The authorities were also directed to establish shelters with capacity for at least 5,000 animals within eight weeks. A detailed written order, issued on August 13, reiterated those directions while also laying down welfare safeguards for dogs kept in shelters. But the sweeping measures quickly became contentious, drawing strong objections from animal welfare groups who warned of cruelty and statutory violations.Also Read: Not just Delhi-NCR, stray dog crackdown soon possible in these states tooAfter criticism and fresh pleas complaining about inconsistencies with the Prevention of Cruelty to Animals Act and the Animal Birth Control (ABC) Rules, Chief Justice of India Bhushan R Gavai, in a rare administrative step, withdrew the matter from the justice Pardiwala bench and reassigned the matter to the three-judge bench led by justice Nath. The larger bench heard the matter at length on August 14 before reserving orders.During the hearing on that day, the larger bench criticised the Delhi government and civic bodies for failing to enforce the very regulatory framework they had created to manage stray dog populations. “You frame laws and rules but do not implement them,” observed the court, noting that both human safety and animal welfare were suffering as a result. It pressed the Delhi government to clarify whether it intended to comply with the statutory regime.Solicitor General Tushar Mehta, representing the Delhi government, cited “shocking” instances of child mutilation and fatal dog-bite injuries, arguing that immediate intervention was necessary to protect public safety. He maintained that while dogs must not be killed, they should be separated, sterilised and treated humanely, and urged the court to craft an effective solution to what he described as a growing public-health concern.Countering this, senior advocates Kapil Sibal (appearing for NGO Project Kindness), Abhishek Manu Singhvi, Sidharth Luthra and others representing animal welfare groups contended that the August 8 directions were unlawful and unworkable. They argued that the statutory framework mandates sterilisation and vaccination under the ABC Rules, followed by return to the same locality, not mass removal to shelters. A time-bound drive without adequate, inspected facilities, they warned, would inevitably result in cruelty. They also pointed to government data tabled in Parliament that showed no recent deaths in Delhi from dog bites, questioning the factual basis of the MCD’s measures.Additional Solicitor General Archana Pathak Dave, also appearing for the Delhi government, assured the bench on August 14 that the administration would comply with whatever directions the court issued.