The Supreme Court of India has scheduled a comprehensive hearing on the contentious issue of stray dogs for February 28. This decision was made by a Division Bench comprising Justices J.K. Maheshwari and Sudhanshu Dhulia, who also directed that any pleadings related to the case should be exchanged a week before the hearing date. The parties involved have been permitted to file their written submissions in the interim.
During a recent hearing, the Court emphasized the need for the parties to prepare thoroughly on the relevant issues, laws, and rules, including the views of different High Courts and a Standard Operating Procedure (SOP). The Bench stated,
“Accordingly, we will hear, and that will serve the purpose. It may go on for two days or three days, whatever it is, but let it go in this way. Thereby, we can justify which is the correct view…”
The case revolves around the Animal Birth Control (ABC) Rules of 2001, which were enacted under Section 38 of the Prevention of Cruelty to Animals Act, 1960, and various state laws concerning the control and management of dogs. The Supreme Court is reviewing five judgments from the High Courts of Bombay, Kerala, Karnataka, and Himachal Pradesh.
The Kerala High Court, in a 2015 judgment, upheld the ABC Rules, stating that municipal laws regarding the destruction of stray dogs must comply with these rules and that municipal authorities should not have unchecked powers to kill stray dogs. Conversely, the High Courts of Bombay, Karnataka, and Himachal Pradesh ruled that local authorities have the discretion to kill stray dogs and are not bound by the ABC Rules. A minority judgment from the Bombay High Court noted that the PCA Act and ABC Rules outline the circumstances under which stray dogs may be exterminated, and the discretion granted to local authorities must align with these rules.
The Animal Welfare Board of India, challenging the judgment of the Bombay High Court, appealed to the Supreme Court. The Board argues that municipal laws like the Bombay Municipal Corporation Act, 1888, and The Kerala Municipality Act, 1994, grant local commissioners broad discretion to destroy stray dogs deemed a nuisance, without clear parameters for exercising this power. This, they contend, is contrary to the PCA Act and ABC Rules.
Previously, on September 21, 2023, the Court had expressed its intention not to issue interim directions but to hear the matter on its merits and issue concrete guidelines.
“Our intention in this case is very clear. We don’t want to give any interim directions. We want to go through the statute, rules, implementation, problem and solution, and issue guidelines. Thereby, the litigation in other High Courts can be curtailed,”
the Court had remarked.
This upcoming hearing is expected to provide clarity and potentially establish guidelines that could influence the handling of stray dog issues across India. Advocate-On-Record Manisha T. Karia represents the Animal Welfare Board in this case, titled Animal Welfare Board of India V. People For Elimination of Stray Troubles C.A. No. 5988/2019.
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