Summary
A three-Judge Bench reconsidered a two-Judge Bench's suo motu directions of 11.08.2025 requiring stray dogs in Delhi-NCR to be rounded up, sterilised and permanently confined in shelters. Holding that Rule 11(19) of the Animal Birth Control Rules, 2023, which requires release of sterilised dogs in the same locality, is scientifically sound and that a blanket no-release direction was too harsh and possibly impossible to implement, the Court kept that part in abeyance (except for rabid or aggressive dogs), prohibited street feeding, mandated ward-level feeding spaces, required deposits from intervening NGOs and individuals, and expanded the matter to all States and Union Territories.
Issues
- Whether the directions of 11.08.2025 prohibiting release of captured stray dogs back onto the streets required clarification or modification in light of the Animal Birth Control Rules, 2023.
- Whether a blanket direction to impound the entire stray dog population of Delhi-NCR was feasible given the available municipal infrastructure.
- What interim regime should govern capture, sterilisation, release, feeding and adoption of stray dogs, and whether the matter should be expanded beyond Delhi-NCR.
Provisions considered
- Rule 11(19), Animal Birth Control Rules, 2023 (framed under the Prevention of Cruelty to Animals Act, 1960)The Rule requires sterilised, inoculated and dewormed stray dogs to be released back in the same locality from which they were picked up. The Court found this provision scientifically carved out, as it prevents overcrowding of shelters and is compassionate, and brought the earlier no-release direction within this framework, carving out an exception for rabid, suspected rabid and aggressive dogs. (¶¶ 11, 23, 25, 28, 31, 33)
- Article 32, Constitution of IndiaThe suo motu writ petition was registered under Article 32; the clubbed matters were listed before a three-Judge Bench under the directions of the Chief Justice of India to consider staying the mandatory directions and to test their feasibility. (¶¶ 1, 10)
Held
- The intent behind the order of 11.08.2025 is salutary, as it works towards protecting citizens from attacks by aggressive and rabid stray dogs, but vital factors call for a balancing exercise so that the order can be taken to its logical conclusion within the contours of the legal framework, namely the Animal Birth Control Rules, 2023. (¶ 23)
- Rule 11(19) of the ABC Rules, requiring release of treated dogs in the same locality, serves two purposes, preventing overcrowding of shelters and returning dogs to their own environment, which is compassionate treatment. The direction prohibiting release of treated and vaccinated dogs was therefore too harsh, and a blanket direction to impound all strays without evaluating existing infrastructure and manpower may be impossible to comply with. (¶¶ 25, 27, 28, 31, 32)
- The directions of 11.08.2025 were supplemented, modified and clarified: paras 12(i) and 12(ii) (rounding up and creating shelters) continue; the prohibition on release in paras 12(iii) and 12(iv) is kept in abeyance so that picked-up dogs are sterilised, dewormed, vaccinated and released in the same area, except dogs infected or suspected to be infected with rabies and those displaying aggressive behaviour, which shall not be released and shall as far as possible be kept in separate shelters; para 12(v) operates subject to these. (¶ 33)
- Municipal authorities must forthwith create dedicated feeding spaces for stray dogs in each municipal ward, marked by notice boards; feeding of stray dogs on the streets is not permitted under any condition and persons found doing so are liable to be proceeded against under the relevant legal framework; each authority must set up a helpline for reporting violations. (¶ 33)
- No individual or organisation shall obstruct implementation of the directions; anyone obstructing a public servant acting in compliance is liable to prosecution for obstructing a public servant in discharge of official duty. (¶ 33)
- Each individual dog lover and each NGO that approached the Court must deposit Rs.25,000 and Rs.2,00,000 respectively with the Registry within seven days, failing which they will not be allowed to appear further; the deposits are to be used for stray dog infrastructure under the municipal bodies. Animal lovers may apply to the municipal body to adopt tagged street dogs and must ensure the adopted dogs do not return to the streets. (¶ 33)
- Municipal authorities must file compliance affidavits with complete statistics of dog pounds, veterinarians, dog-catching personnel and vehicles available for compliance with the ABC Rules. Since the ABC Rules apply uniformly across the country, the scope of the matter was expanded beyond Delhi-NCR: all States and Union Territories were impleaded through the Secretaries concerned, and pending writ petitions on the subject in the High Courts are to be transferred to this Court. (¶¶ 33, 34, 35, 36)
Result
Directions issued; notice issued in Writ Petition (Civil) No. 784 of 2025 and SLP (Civil) No. 17623 of 2025; directions of 11.08.2025 modified as set out in para 33; all States and Union Territories impleaded; Registry to collect details of pending High Court petitions for transfer; matters listed after eight weeks for compliance report.