New Delhi [India], August 13 : The Supreme Court has clarified that its directive to the authorities in Delhi-NCR to begin removing stray dogs from all localities is not driven by "momentary impulse", rather, it came after thorough and careful deliberation, that the concerned authorities have consistently "failed for over two decades" to effectively address a serious issue that directly impacts public safety.
A bench of Justice JB Pardiwala R Madadev said that the apex court has decided to take the matter in its hands becasue of the "systematic failure of the authorities" over the past two decades to address an issue that strikes at the heart of public safety.
According to the detailed order released today, the apex court said, the directions given by it, as a court which functions for the welfare of the people, are both in the "interest of humans as well as dogs. This is not personal," it said.
The top court further said. "The judiciary must not assume or take on the colouration of the prevailing popular sentiments of the time, for its role is not to echo the passions of the moment but to uphold the enduring principles of justice, conscience and equity".
The apex court on August 11 ordered that all localities in Delhi, Noida, Ghaziabad, Gurugram and Faridabad should be made free of stray dogs and there should not be any compromise. It also made it clear that no captured animal will be released back on the streets.
Releasing the detailed order today, the top court said that it has, over a considerable period of time, examined the prevailing circumstances, heard the voices of those who have been directly affected and reflected upon a disturbing pattern of dog bites in the country.
The apex court stated, "We have, over a considerable period of time, examined the prevailing circumstances, heard the voices of those who have been directly affected and reflected upon a disturbing pattern of dog bites in this country. Now is not the time for any resistance or hesitation born of complacency. It is a time for decisive and collective action and to confront the realities of our society. If we fail to act with urgency, we risk allowing yet another two decades to slip into the ledger of neglect, leaving future generations to inherit the same problems and the same dangers."
The apex court noted that, as per the data available on the website of the Press Information Bureau, there were 37,15,713 reported dog bites in the country in 2024, and in Delhi alone, there were 25,201 dog bites.
It said the exercise that the bench proposes to undertake is "not to be performed in a casual manner".
The top court further said that it is conscious and sensitive, and the idea behind co-existence is not the existence of one's life at the cost of the other.
"In the case in hand, we are attempting to flag the experience of those who use the streets daily. Streets should not prove to be vulnerable places. Among a bundle of concerns, we are at pains to take cognisance of the experiences of visually impaired persons, young children, elderly persons, people from humble backgrounds who are not able to afford even a day's meal, let alone the medical expenses," it said.
"The visually impaired persons are at the highest risk of dog bites as their primary support, their canes, are seen as threats by the dogs. Young children are susceptible to dog bites due to which parents find it very difficult to allow their children to navigate on streets on their own. We have come across concerns of elderly persons being attacked by rambunctious dogs," the bench said.
It further stated that the top court was not casting aspersions, but there is no way to identify or classify a rabies-carrying dog from others.
More particularly, the situation is worse when it comes to persons who are forced to sleep on the streets, said the bench, adding that it is painstaking to note the pangs of such persons who neither have the knowledge of the consequences of dog bites nor have any precautionary or post-exposure measures accessible to them.
The apex court further said that, being conscious about the genuine love and care towards stray dogs that many stakeholders of the public share, "we urge them to come forward and become a part of this exercise."
The top court's order came in a suo motu proceeding initiated by it over a media report on the growing menace of stray dog attacks leading to rabies.
The apex court ordered that the Delhi government, Municipal Corporation of Delhi, New Delhi Municipal Council and authorities of Noida, Ghaziabad, Gurugram and Faridabad must begin rounding up stray dogs from all localities, especially vulnerable and outskirts areas, and a dedicated force may be created for this purpose.
It further ordered that captured dogs are to be sterilised, immunised and de-wormed; stray dogs must not be released back into public spaces under any circumstances. Dog shelters/pounds must be established across NCR within eight weeks. Initial capacity should be for at least 5,000 dogs, to be expanded over time, and shelters must have personnel, CCTV monitoring, adequate food, and medical facilities, it added.
It further ordered that at no stage should these dogs be subjected to any mistreatment, cruelty or deplorable standards of care. The concerned authorities need to ensure that there is no overcrowding at the dog shelters/ pounds. The stray dogs brought to these shelters/ pounds shall not be starved. It is the duty of the concerned officials or authorities to ensure the dogs are adequately and regularly fed, and they shall be monitored at all times.
The bench also ordered that overcrowding must be avoided, and vulnerable dogs should be housed separately. Adoption may be permitted under the Animal Welfare Board's 2022 protocol, with no re-release to streets, the bench issued direction among others.
Meanwhile, the suo motu case taken on the stray dog issue has now been referred to a three-judge bench comprising Justices Vikram Nath, Sandeep Mehta and NV Anjaria, which will hear the matter tomorrow.