CJI Gavai to examine stray dog issue amid conflicting SC orders

Chief Justice of India B R Gavai said that he would look into the ongoing issue relating to community dogs after an advocate pointed out that different benches of the Supreme Court had issued conflicting directions.

Advocate Nanita Sharma, appearing for the NGO Conference for Human Rights (India), told a bench headed by the CJI Gavai that a May 2024 order by Justice J K Maheshwari and Justice Sanjay Karol barred indiscriminate killing of canines and stressed compassion under existing laws, while a recent August 11 order by Justice J B Pardiwala and Justice R Mahadevan directed Delhi-NCR civic bodies to remove all stray dogs from public spaces within eight weeks and house them in dedicated shelters, with no release back on the streets.

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The May 2024 order had relegated stray dog petitions to high courts, noting, “Under all circumstances, there cannot be any indiscriminate killings of canines and the authorities have to take action in terms of the mandate and spirit of the prevalent legislation(s) in place.”

By contrast, the August 11 directive — issued in suo motu proceedings over media reports of rabies deaths — termed the menace “very disturbing and alarming”, ordered a capture drive free from any obstruction by individuals or organisations, and warned of contempt action against those violating its order. It also mandated that all localities be made stray dog-free.

“If any individual or organisation comes in the way of picking stray dogs or rounding them up, we will proceed to take action against any such resistance,” Justice Pardiwala had warned.

The bench directed Delhi, Gurgaon, Noida, Ghaziabad, MCD and NMDC to begin the drive immediately, prioritising vulnerable localities. Authorities were told to create a dedicated “force” if necessary and ensure shelters have sufficient staff to sterilise and vaccinate the animals.

Sharma’s petition challenges an August 2023 Delhi High Court decision to dispose of a PIL seeking sterilisation and vaccination of community dogs without issuing specific directions, after noting steps taken by authorities. The NGO moved the Supreme Court in July 2024, when the CJI’s bench issued notice.

“I will look into this,” CJI Gavai said on Wednesday, signalling that the top court may address the apparent inconsistency in approach by different benches.

Regulation of stray and community dogs in India is primarily governed by the Prevention of Cruelty to Animals Act, 1960, and the Animal Birth Control (Dogs) Rules, which mandate sterilisation, vaccination, and return of dogs to their original locations, prohibiting their relocation or killing except in cases of incurable disease. The Supreme Court has, in multiple orders since 2015, emphasised compassion towards animals while balancing public safety, holding that indiscriminate culling is illegal.

It has also upheld municipal duties to control the stray population through lawful means. However, differing judicial approaches — one reinforcing the return-and-care model, another pushing for removal from public spaces — have created uncertainty, leading to the current call for harmonisation of the Court’s stance.