The Supreme Court on Friday modified its August 11 direction prohibiting the release of stray dogs from shelters in Delhi-NCR, ruling that canines picked up by municipal bodies must be sterilised, vaccinated, and released back into the same areas.
A three-judge special bench headed by Justice Vikram Nath clarified that this exemption would not apply to dogs infected or suspected to be infected with rabies, or those displaying aggressive behaviour.
The bench, also comprising Justices Sandeep Mehta and N V Anjaria, said the earlier order prohibiting the release of stray dogs from shelters “shall be kept in abeyance for the time being.”
The court directed municipal authorities to set up dedicated feeding zones, stressing that “feeding of stray dogs shall not be permitted on the streets.”
It also ordered that notice boards be put up near these areas, warning that persons found feeding dogs on streets would face legal action.
According to the order, municipal authorities have been directed to file a compliance report, giving full details of available resources such as dog pounds, veterinarians, dog-catching staff, and specially designed vehicles or cages, as required under the Animal Birth Control Rules, 2023.
People who wish to adopt street dogs can apply to the municipal body. Once approved, the selected dogs will be tagged and handed over to the applicants, who must ensure the animals are not left back on the streets.
The top court has also directed that each individual petitioner deposit Rs 25,000 and each NGO petitioner deposit Rs 2 lakh with the Court Registry within seven days. Those failing to do so will not be allowed to take part in the proceedings. The money will go towards building facilities and infrastructure for stray dogs under the local municipal bodies.
Anyone found obstructing the implementation of these directions will face prosecution for interfering with officials carrying out their duties, the court order stated.
Further, municipalities have been asked to set up dedicated feeding zones for stray dogs in every ward, based on the number and concentration of dogs in each area.
Expanding the scope beyond Delhi-NCR, the court impleaded all states and Union Territories in the matter and transferred to itself similar petitions pending before different high courts. The case will be heard again after eight weeks.
Kolkata-based advocate Akash Sharma welcomed the SC order as a landmark balancing between public health and animal welfare.
“What the court has directed today for sterilisation, vaccination, deworming, release back to the same area and creation of feeding zones are exactly the reliefs that I had prayed for in my PIL before the Calcutta High Court. I welcome this move, as a uniform pan-India framework is the need of the hour,” Sharma told The Telegraph Online.
The Calcutta High Court on Thursday had asked the Bengal government and the civic authorities of Kolkata, Salt Lake and Howrah to submit reports on their programmes for strays.
The bench passed its order while hearing an interim prayer seeking a stay on the August 11 directive. The suo motu case was initiated on July 28 following reports of rising incidents of stray dog bites leading to rabies, particularly among children in the capital region.
The August 11 ruling had directed Delhi, Noida, Ghaziabad, Gurugram, and Faridabad authorities to pick up stray dogs from localities “at the earliest” and relocate them to shelters, sparking outrage among animal welfare groups.
Ahead of Friday’s verdict, large numbers of animal activists and caregivers gathered at Jantar Mantar, protesting against the relocation order.
They argued that shelters were inadequate and ill-equipped, and reiterated that the Animal Birth Control (ABC) programme—which mandates sterilisation and vaccination before returning dogs to their original locations—remains the “only lawful and humane solution.”
According to one activist, many had been awake since “Brahma muhurta” at 4 am, praying for a favourable ruling.
“If we lose today, I may leave the country for a while. I can’t bear this pain. I will send my street kids (dogs) to a shelter, pay for their care every month, and go away,” the activist said.
Another protester, Simran Kaur, highlighted the emotional bond between citizens and stray dogs, saying, “Lakhs of Delhi residents who love these ‘street kids’ were anxious.”
Earlier, activists had observed a “Black Thursday” at Jantar Mantar to oppose the relocation order. Dressed in black and holding placards reading “ABC is the law, compassion is the way,” “Vaccinate, sterilise, return not remove,” “Ahimsa for all, big or small,” and “Kindness is our strength, let street dogs live,” protesters pledged to carry out sterilisation drives themselves to achieve a rabies-free India.