New Delhi [India], November 7 : The Supreme Court, while taking into consideration the "alarming rise of dog bite incidents", ordered all states and Union Territories (UTs) on Friday to ensure the removal of all stray dogs from every educational institution, hospital, public sports complexes, bus stands, railway stations, etc.
A bench of Justices Vikram Nath, Sandeep Mehta, and NV Anjaria stated that all these institutions and places must be properly fenced to prevent the entry of stray dogs.
The stray dogs should not be released to the same spot from which they were picked up, the bench ordered. It also said that permitting their return would "frustrate the very purpose" of securing such premises and addressing public safety concerns.
"They will not be released back in the same area since releasing them back will frustrate the very purpose of the directive of the court," said the bench.
It will be the responsibility of the concerned local government institutions to collect stray dogs from such institutions/areas and transfer them to designated dog shelters after vaccination and sterilisation in accordance with the Animal Birth Control Rules, the bench directed.
Chief Secretaries of all states and Union Territories shall ensure strict compliance with the order; otherwise, officers will be held personally responsible, it said.
The apex court also stated that a nodal officer must be appointed for the upkeep and surveillance of each such premises, and local municipal authorities and panchayats must conduct periodic inspections for at least three months and report back to the court.
It asked the status report to be filed within eight weeks, indicating a mechanism had been developed to carry out directions.
The top court also directed the states, UTs, and the National Highways Authority of India (NHAI) and other agencies to remove stray cattle and animals from national and state highways and ensure they are kept in shelters where they will be properly cared for.
The apex court took suo motu cognisance of the menace of stray dogs across the country.
A three-judge bench on August 22 had modified a two-judge bench's August 11 order, which had directed the rounding up of all stray dogs in the Delhi-NCR and prohibited their release from dog shelters.
The August 22 order stated that the stray dogs would be released back to the same area after sterilisation and immunisation, except for those dogs infected with rabies or exhibiting aggressive behaviour.
It had also restricted public feeding of stray dogs and directed the MCD to create dedicated feeding spaces in each municipal ward.
It had further ordered that persons found feeding the dogs in contravention of its direction shall be liable to be proceeded with under the relevant framework.
The apex court had also expanded the scope of the proceedings on the menace of stray dogs and impleaded all states and Union Territories as parties to the case. The August 11 order was limited to the Delhi-National Capital Region (NCR) area only.
The three-judge bench order came in response to pleas seeking a stay of the August 11 order of a two-judge bench, which had directed the removal of all stray dogs from localities in the Delhi-NCR region and their placement in shelter homes.
On August 11, the top court ordered that all localities in Delhi, Noida, Ghaziabad, Gurugram, and Faridabad should be made free of stray dogs, with no compromise. Also, it made it clear that no captured animal would be released back onto the streets.
In the detailed order, it has been clarified that its directive was not driven by "momentary impulse"; rather, it came after thorough and careful deliberation, and 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 had said that it 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.
It had said that 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 and "this is not personal".
It had noted that, according to the data available on the Press Information Bureau's website, there were 37,15,713 reported dog bites in the country, and in Delhi alone, there were 25,201 dog bites.