Chief Justice BR Gavai has agreed to review the Supreme Court’s conflicting orders on Delhi’s stray dog issue. While one bench ordered relocating all strays to shelters, another stressed compassion, sterilisation, and vaccination. The move comes amid rising rabies concerns and a nationwide debate over managing community dogs.
Representational Image. File Pic
The Supreme Court's decision on moving stray dogs to the shelter home in Delhi has sparked a huge debate across the country. Taking this very sensitive matter into consideration, the Chief Justice of India, BR Gavai, on Wednesday said that he would examine the ongoing issue relating to community dogs. The Chief Justice of India took this matter into consideration after an advocate mentioned the matter, stating that different benches of the Supreme Court have issued conflicting directions.
As reported by news agency ANI, the matter relating to stray dogs was mentioned before a bench headed by the CJI for urgent listing, to which the CJI said, "I will look into this."
In reply, Advocate Nanita Sharma said that two benches of the apex court have already passed different orders on the stray dogs issue.
Advocate Sharma further said, "This is with regard to the community dogs issue... There is an earlier judgement of this court, of a bench of Justices JK Maheshwari and Sanjay Karol, which says there cannot be indiscriminate killing of canines and that compassion for all living beings has to be there," as cited by news agency ANI.
Advocate Sharma was referring to the recent order passed by a bench headed by Justice JB Pardiwala, where the court had ordered relocation of the stray dogs in Delhi to dog shelters, and another order passed by a Justice JK Maheshwari-led bench in May 2024, whereby the petitions relating to the stray dog issue were relegated to the respective High Courts.
Justice Maheshwari asserted that, "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."
While pointing out the Delhi High Court’s order, Adv. Sharma today mentioned the petition filed by an organisation named Conference for Human Rights (India), challenging a Delhi High Court's order in its PIL seeking directions for sterilisation and vaccination of community dogs in Delhi as per the Animal Birth Control (Dogs) Rules.
Earlier in August 2023, the High Court disposed of the PIL without issuing any specific directions, after recording satisfaction with the steps taken by the authorities.
However, soon after the High Court’s judgement, the NGO challenged it in July 2024, and a bench headed by Justice Gavai issued notice on the plea.
On the contrary, a bench of Justices Pardiwala and R Mahadevan took a stern view of the stray dog menace and ordered the Delhi-NCR to start removing stray dogs from all localities within eight weeks and house them in dedicated dog shelters to be set up by civic authorities.
It said that all localities should be made free of stray dogs and there should not be any compromise, while making it clear that no captured animal will be released back on the streets.
It also directed the initiation of contempt proceedings against any individual or organisation that tries to impede the authorities from conducting the capture campaign.
The Supreme Court's order was issued in response to a media report regarding the increasing prevalence of feral dog attacks that result in rabies. This action was taken pursuant to a suo motu proceeding that the court initiated.
Terming the news report as "very disturbing and alarming", the bench had said that day the news report revealed that the elderly and children were the most affected by rabies from dog bite incidents.
(With inputs from ANI)
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