The Supreme Court faces a stray dogs dilemma as two different benches deliver conflicting judgments. The question now is which verdict will be applied in Delhi amid rising dog bite cases.
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NEW DELHI: The Supreme Court’s recent order to relocate all stray dogs from residential areas to animal shelters has stirred a complex legal and ethical debate in Delhi. While the ruling was aimed at curbing the rising incidents of dog bites and rabies, it has brought to light a clash between two contradictory apex court judgments on how to handle the city’s stray dog population.
Last Hearing in the Apex Court
On Monday, a bench of Justices JB Pardiwala and R Mahadevan directed authorities to pick up stray dogs from all localities across Delhi-NCR and shift them to animal shelters, setting aside existing norms. The court stressed that the decision was purely in the public interest, urging that no sentiments or rules should stand in the way of ensuring dog-free neighbourhoods.
This stance directly challenges the Animal Birth Control (ABC) Rules, 2023, which require strays to be sterilised and then released back into the same locality. Calling this rule “absurd,” Justice Pardiwala made it clear that petitions from dog lovers would not be entertained for now.
The Previous Judgment
In contrast, a 2024 order by Justices Sanjay Karol and JK Maheshwari directed strict compliance with existing laws, including the ABC Rules, while emphasising compassion for animals as a Constitutional value.
The bench categorically prohibited indiscriminate killing or permanent removal of dogs, underscoring the legal and moral obligation to maintain humane treatment towards stray animals.
The Legal Conflict
The contradiction is clear, one judgment demands following the ABC rules to the letter, while the latest directs authorities to set them aside entirely. The question now is.
Which verdict applies to Delhi?
This morning, advocate Nanita Sharma’s counsel highlighted this inconsistency before Chief Justice BR Gavai. The CJI assured that the matter will be revisited, especially in light of pending litigation over gaps in the implementation of the ABC Rules and sterilisation drives.
The legal battle traces back to a Public Interest Litigation filed in the Delhi High Court in 2018, seeking proper sterilisation and vaccination of stray dogs under the ABC Rules. After the High Court disposed of the case in August 2023 without specific orders, the petitioner approached the Supreme Court.
In July 2024, a bench led by Justice Gavai issued notice to Delhi authorities, giving them four weeks to respond. However, despite a September 2024 direction to list the case again, it has not been heard since, until now.
CASE TITLE:
IN RE: CITY HOUNDED BY STRAYS, KIDS PAY PRICE
SMW(C) No. 5/2025
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