SC summons states/UTs over non-compliance of orders in stray dog menace case

The Supreme Court on Monday directed the personal presence of chief secretaries of all states and Union territories that have failed to submit compliance affidavits on measures taken, in pursuance to its August 22 directions, to address the stray dog menace across the country.

The top court has fixed November 3 for their appearance.

Advertisement

A Bench of Justice Vikram Nath, Justice Sandeep Mehta, and Justice N.V. Anjaria noted that, so far, only the Municipal Corporation of Delhi (MCD), West Bengal, and Telangana had filed their affidavits. The Bench ordered that the Chief Secretaries of all the remaining States and UTs must be present in Court at 10:30 a.m. on November 3, along with explanation as to why compliance affidavits have not been filed.

Expressing displeasure, Justice Nath remarked, “Continuous incidents are happening and the image of the country is being shown as down in the eyes of foreign nations. We are also reading news reports.”

When one counsel highlighted instances of cruelty to dogs, the Bench retorted, “What about the cruelty towards humans?”

The Delhi government, too, had not filed its compliance affidavit. Questioning the lapse, the Bench asked Additional Solicitor General Archana Pathak Daveas as to why the Delhi government has not filed a compliance affidavit.

“Why NCT of Delhi not file an affidavit? Chief Secretary to come up with an explanation… otherwise cost may be imposed and coercive steps will be taken. Notices were issued to all states and UTs… your officers don’t read newspapers or social media? Everyone has reported this… Once they are aware, they should come forward. All Chief Secretaries remain present on November 3, else we will hold the court in the auditorium,” said Justice Nath.

On August 22, a three-judge bench comprising Justice Nath, Justice Mehta and Justice Anjaria modified its August 11 directions on stray dogs, clarifying that captured dogs must be sterilised, dewormed, vaccinated, and then released back to the same localities from where they were picked up — except those suffering from rabies, suspected to be rabid, or showing aggressive behaviour.

At the same time, the Court prohibited public feeding of stray dogs in streets and mandated the creation of dedicated feeding points, while signalling the need for a uniform national policy on stray dog management.

Stating that the issue requires a “holistic approach”, the three-judge bench on August 22, had stayed the August 11 order of Justice J.B. Pardiwala and Justice R. Mahadevan, which had required all stray dogs picked up in Delhi-NCR to be permanently housed in shelters and not returned to the streets.

Expanding the scope of the issue making it pan-India, the Court on August 22 had said that the municipal bodies across the country must ensure that only sterilised and immunised dogs are returned to their original areas. Rabid or dangerously aggressive animals may be quarantined or kept in shelters.

“Dogs that are picked up shall be sterilised, dewormed, vaccinated and released back to the same area,” the Bench directed.

This August 22 order was a significant departure from the August 11 ruling, which had barred the release of stray dogs under any circumstance. The Court stressed that modifying the earlier order was necessary to align with the Animal Birth Control (Dogs) Rules and to adopt a practical framework for coexistence.

The court, on August 22, had also ordered that each municipal authority must create dedicated feeding spaces for stray dogs in every ward, considering the dog population. Notice boards must clearly state that feeding is allowed only in such areas. Feeding on public roads and streets will not be permitted.

“Persons found feeding dogs in violation of this direction shall be liable to action under the relevant framework,” the order had said, adding that helplines must be set up for reporting violations.

Expanding the issue beyond Delhi-NCR, the court on August 22, impleaded all States, Union Territories, Secretaries of Animal Husbandry departments, and municipal corporations for compliance with the ABC Rules. It also said that all similar cases pending before High Courts would be transferred to the Supreme Court, paving the way for the formulation of a comprehensive national policy on stray dogs.

Municipal bodies were asked to continue creating shelters and dog pounds with adequate capacity, staff, CCTV monitoring, and medical facilities. Overcrowding must be avoided, vulnerable dogs housed separately, and adoption encouraged under the Animal Welfare Board’s 2022 protocol.

Further, those desiring to adopt dogs may apply to municipal authorities. Adopted animals must be tagged and permanently cared for, with no return to public spaces allowed.

The suo motu proceedings began after the earlier two-judge bench took cognisance of a July 28 news report titled “City hounded by strays and kids pay price”. On August 11, Justice Pardiwala and Justice Mahadevan ordered Delhi-NCR to clear localities of stray dogs within eight weeks, house them in shelters and ensure none were released back.

The August 11 order sparked widespread protests from animal rights groups and prompted concerns over conflicts with earlier Supreme Court rulings emphasising compassion and sterilisation rather than removal.