The Supreme Court on Thursday came down heavily on the Delhi government and municipal authorities for failing to implement existing regulations on the management of stray dogs. This came even as a three-judge bench reserved its verdict on multiple petitions challenging an earlier court directive that ordered the mass capture and sheltering of stray dogs across Delhi-NCR.
The bench led by Justice Vikram Nath, along with Justices Sandeep Mehta and NV Anjaria, questioned why authorities had begun capturing stray dogs even before the written order was made public. “You frame laws and rules, but do not implement them. On one hand, humans are suffering, and on the other, animal lovers complain of non-adherence to rules,” Justice Nath remarked sternly.
The court further rebuked the civic authorities for failing to enforce the Animal Birth Control (ABC) Rules and other statutory guidelines, leading to a chaotic situation on the ground.
The apex court echoed many concerns raised by animal rights advocates. Justice Nath pointed out the lack of basic infrastructure: “Animal boards and authorities do nothing. They should have implemented their own rules.”
When asked whether the Delhi government would comply with lawful protocols moving forward, Additional Solicitor General Archana Pathak Dave assured the bench, “We will comply with all directions to be passed by the bench.”
Appearing for the Delhi government, Solicitor General Tushar Mehta justified the need for urgent action. “Children are dying. Sterilisation does not stop rabies,” he argued, citing government data that reported 37 lakh dog bite cases last year.
“Parents cannot send their children out to play. Young girls are being mutilated. This is very painful. Dogs are not to be killed but must be separated and treated well.” Mehta insisted that while no one hates animals, public safety must take precedence, and the court must intervene to find a viable solution.
In strong opposition, senior advocate Kapil Sibal, representing the NGO Project Kindness, argued that the order was legally untenable. “This is the first time I’ve heard the Solicitor General say that laws exist, but need not be followed. There are no shelters. Dogs are being picked up, and we don’t even know where they are,” he said.
Sibal further warned of dire consequences if the dogs are not handled humanely, “They will be kept together, food will be thrown, and they will attack each other. This is pestilence. This cannot be allowed.”
Senior advocate Abhishek Manu Singhvi questioned the practicality of the order. “The directions put the cart before the horse. There is less than fractional infrastructure to accommodate all these dogs,” he said, adding that while dog bites are serious, “you cannot create a horror situation like this.”
He also challenged the urgency claimed by the government, pointing out that recent statistics tabled in Parliament showed zero dog-bite-related deaths in Delhi between 2022 and 2025.
Other senior advocates, including Anand Grover, Sidharth Luthra, Siddharth Dave, Aman Lekhi, and Colin Gonsalves, supported calls for a stay, highlighting that the August 11 order had been passed without consulting animal welfare stakeholders and violated prior Supreme Court rulings and existing laws.
Earlier this week Chief Justice of India Bhushan R Gavai intervened administratively. Following a petition by advocate Nanita Sharma on behalf of the NGO Conference for Human Rights (India), the CJI reassigned the suo motu matter to the current three-judge bench. Sharma had flagged a potential conflict between the August 11 order and a previous May 9, 2024 Supreme Court ruling, which prohibited indiscriminate killing of stray dogs and mandated strict compliance with the Prevention of Cruelty to Animals (PCA) Act, 1960, and the ABC Rules.
The controversy stems from an order issued on August 11 by a two-judge bench comprising Justice JB Pardiwala and Justice R Mahadevan. The order mandated that all stray dogs in Delhi, Noida, Ghaziabad, Gurugram, and Faridabad be rounded up within eight weeks and kept in designated shelters, without being released back onto the streets.
The order was issued suo motu following the death of a six-year-old girl in Delhi due to rabies after a dog bite. The court cited a "disturbing pattern" of rising dog bite incidents and the failure of local agencies to maintain public safety.
