Summary
In a suo motu writ petition on stray-dog bites and rabies in the National Capital Region, the Supreme Court, finding the situation grim and the authorities to have failed for two decades, directed the Delhi Government, MCD, NDMC and the authorities of NOIDA, Ghaziabad, Gurugram and Faridabad to immediately start rounding up stray dogs, create shelters/pounds (initially for about 5,000 dogs) within six to eight weeks, sterilise, deworm and immunise them under the Animal Birth Control Rules, 2023 but not release them back to the streets, set up a dog-bite helpline, maintain records and publish rabies-vaccine availability, warning that obstruction would be treated as contempt.
Issues
- What immediate directions should issue to the authorities of the National Capital Region to address the menace of stray-dog bites and rabies, in light of the data and submissions placed by the amicus curiae and the Solicitor General.
- Whether stray dogs captured and treated under the Animal Birth Control Rules, 2023 should be released back on the streets.
Provisions considered
- Rules 11(19), 15 and 16(6), Animal Birth Control Rules, 2023The amicus's note, recorded by the Court, explained that the Rules require captured dogs to be sterilised, immunised and released at the same locality, permit euthanasia only of incurably ill or mortally wounded dogs, and require even a dog that has bitten someone to be released after observation; the note contended these release provisions perpetuate the infringement of Articles 19(1)(d) and 21. The Court directed that stray dogs be captured, sterilised, dewormed and immunised as required by the Rules but, departing from the release requirement, not be released under any circumstances. (¶¶ 4, 11, 12)
- Articles 19(1)(d) and 21, Constitution of IndiaThe amicus's note submitted that the presence of stray dogs in streets and public places directly infringes the fundamental rights to move freely and to life, and that the State is duty-bound to prevent such infringement; the Court recorded the note and issued its directions in the larger public interest so that people can move freely and safely without fear of dog bites. (¶¶ 4, 11)
Held
- The situation of dog bites leading to rabies in the NCR is extremely grim and immediate steps are needed; the Court's intervention follows deliberation on the systematic failure of the authorities over two decades on an issue striking at public safety, and is driven by concern for the most vulnerable (visually impaired persons, young children, the elderly, the poor and those sleeping on streets), since the law's protection is owed to every individual regardless of station. (¶¶ 3, 5, 6, 7)
- Co-existence does not mean the existence of one life at the cost of another; the directions are in the interest of both humans and dogs, and the Judiciary must uphold enduring principles of justice rather than echo prevailing popular sentiment. The Court urged people to adopt dogs and to volunteer at shelters, while condemning virtue signalling that leaves the problem unanswered. (¶¶ 6, 8, 9, 10)
- The Delhi Government, MCD, NDMC and the authorities of NOIDA, Ghaziabad, Gurugram and Faridabad shall at the earliest start picking up stray dogs from all localities (creating a force if necessary), immediately create dog shelters/pounds and report within eight weeks, beginning with shelters for about 5,000 dogs in six to eight weeks; both the rounding-up and the creation of shelters are to proceed simultaneously, and lethargy on the pretext of awaiting shelters will attract strict action. (¶¶ 11, 12)
- Captured stray dogs shall be sterilised, dewormed and immunised as required by the Animal Birth Control Rules, 2023 but shall not be released back to the streets or public places under any circumstances; shelters are to be CCTV-monitored, adequately staffed (at least two personnel at all times) with veterinary care, no overcrowding, no starvation and separate housing for weak dogs; any adoption must follow the Animal Welfare Board's Standard Protocol of 17.05.2022 and must not result in re-release; daily records of captures and shelter populations shall be maintained and dogs earmarked for identification. (¶¶ 11, 12)
- A helpline for reporting dog bites shall be created within one week, the offending dog rounded up within four hours of a complaint, victims informed of medical facilities, and the Delhi Government shall publish details of rabies-vaccine availability, stock and monthly treatment numbers; any individual or organisation obstructing the rounding-up of dogs or implementation of the directions will face contempt and the strictest action. (¶¶ 11, 13)
- Intervention applications will be considered only after the authorities report progress; a pending Delhi High Court writ petition (W.P. (C) No. 67 of 2023, Parthima Devi v. MCD) in which a shelter project was stayed is to be transferred to the Supreme Court with its record, given the similarity of issues. (¶¶ 14, 15)
Result
Directions issued to the NCR authorities to round up stray dogs, create shelters within eight weeks, sterilise, deworm and immunise without release, set up a helpline within one week and maintain records; Delhi High Court directed to transfer W.P. (C) No. 67 of 2023 to the Supreme Court; status report and intervention applications to be listed after four weeks.