“I will look into this”, said Justice B.R. Gavai, bringing relief for animal activists and dog lovers.
Chief Justice B.R. Gavai stated, “I will look into this,” after being apprised of a previous court order that barred the relocation and killing of stray dogs. He also assured that the Court would re-examine the ban on relocating stray dogs.
Background
A media report has emerged about the death of a 6-year-old girl in Delhi from rabies, allegedly caused by a stray dog bite. Following this, the Supreme Court took suo motu cognizance of the matter and directed that at least 5,000 stray dogs in Delhi-NCR be relocated from the streets to shelters within eight weeks, irrespective of whether they have been sterilized, and not be released back onto the streets.
The Removal of stray dogs should prioritize high-risk areas, including schools, hospitals, and densely populated zones.
Legal Basis
- The order is founded on Article 21 of the Constitution of India, which guarantees every individual the fundamental right to life and personal safety. The Supreme Court observed that the recurring incidents of stray dog attacks pose a direct threat to this right, thereby necessitating immediate intervention to safeguard public safety.
- The Court also criticized Animal birth control (dogs) rules, 2023, and its provision which allows sterilized dogs to be released again on the streets
- The Court also referred to Section 133 of the Code of Criminal Procedure (CrPC), which empowers a Magistrate to order the removal of public nuisances.
Non-Compliance
If any individual or NGO releases a dog back onto the streets in violation of the order, they would be liable for contempt of court proceedings.
Authorities Required to Comply
The directions are to be followed by municipal bodies such as the Municipal Corporation of Delhi (MCD), New Delhi Municipal Council (NDMC), Delhi Cantonment Board, and other relevant local authorities.
Availability of Shelters in Delhi
The stray dog population in Delhi is estimated to be approximately one million. According to MCD data, there are around 20 animal centers in the city, collectively housing fewer than 5,000 dogs.
Problem in Implementation
It is practically impossible to create shelter facilities for nearly one million stray dogs within a few weeks, given the existing infrastructural and resource constraints
Opposition to the Order
- 1. PETA India (People for the Ethical Treatment of Animals), led by Maneka Gandhi, along with other animal welfare groups, have opposed the order, arguing that it is impractical, illogical, and illegal.
- 2. Self-proclaimed dog lovers are also criticizing the decision.
- 3. FIAPO (Federation of Indian Animal Protection Organizations) has also expressed strong opposition to the Supreme Court’s order.
- 4. Bollywood Actor John Abraham has urged the Supreme Court to review its decision.
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