Supreme Court forms special bench to resolve conflicting orders on stray dog management

The Supreme Court will on Thursday hear the contentious matter of community and stray dog regulation after two different benches issued conflicting directions — one in May 2024 and another on August 11, 2025.

Chief Justice of India BR Gavai has constituted a special bench comprising Justice Vikram Nath, Justice Sandeep Mehta, and Justice NV Anjaria following a mentioning by advocate Nanita Sharma, representing the NGO Conference for Human Rights (India), who highlighted the contradictory rulings.

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Sharma pointed to the divergence between a May 2024 order by Justice JK Maheshwari and Justice Sanjay Karol — which prohibited indiscriminate killing and mandated compassion in line with existing laws — and the recent order of Justice JB Pardiwala and Justice R Mahadevan directing Delhi-NCR authorities to remove all stray dogs from public spaces within eight weeks, house them in shelters, and prevent their release back onto the streets.

The May 2024 ruling relegated stray dog cases to High Courts, stressing that “under all circumstances, there cannot be any indiscriminate killings of canines.” In contrast, the August 11 order, issued in suo motu proceedings over rabies-related deaths, described the menace as “very disturbing and alarming” and warned of contempt action against any individual or organisation obstructing rounding-up drives.

Authorities were instructed to prioritise vulnerable localities, create dedicated enforcement teams if necessary, and ensure shelters are adequately staffed for sterilisation and vaccination.

Issuing a clarification on its August 11 order, the bench of Justice Pardiwala and Justice Mahadevan said the directions were the result of two decades of documented failure by authorities to address a serious public safety threat, not a “momentary impulse.”

Emphasising that the move was in the interest of both humans and animals, the bench cited alarming bite statistics — over 37 lakh cases nationwide and 25,201 in Delhi — and directed that the exercise be carried out humanely, with no overcrowding, adequate food, medical care, and adoptions permitted only under the Animal Welfare Board’s 2022 protocol.

“This is not personal,” the bench observed, noting that the Court functions for the welfare of the people.

The Court also highlighted the vulnerability of visually impaired persons, children, elderly people, and the homeless to dog attacks, stating that coexistence cannot mean one life at the cost of another. It further noted that rabies carriers cannot be visually distinguished from other dogs, complicating selective removal efforts.