CJI to review conflicting Supreme Court orders on stray dogs

Chief Justice of India (CJI) BR Gavai on Wednesday said he would examine the ongoing matter relating to community dogs, following concerns over conflicting Supreme Court directions on the issue. The matter was mentioned before a bench headed by the CJI by advocate Nanita Sharma, who pointed out that two different benches of the apex court have passed varying orders on stray dog management. Sharma referred to an earlier order by a bench of Justices JK Maheshwari and Sanjay Karol, which stated that there cannot be indiscriminate killing of canines and stressed compassion for all living beings. In contrast, a recent order by a bench led by Justice JB Pardiwala directed the removal of stray dogs in Delhi-NCR to dedicated shelters within eight weeks, with no captured animal to be released back on the streets.

The earlier order in May 2024 had relegated petitions on the stray dog issue to respective High Courts. Justice Maheshwari had reiterated that authorities must act within the mandate and spirit of existing legislation. The issue arose from a petition filed by the NGO Conference for Human Rights (India) challenging a Delhi High Court order that disposed of its PIL seeking sterilisation and vaccination of community dogs under the Animal Birth Control (Dogs) Rules. The High Court had closed the matter in August 2023 after recording satisfaction with steps taken by authorities.

On August 11, the bench of Justices Pardiwala and R Mahadevan, taking suo motu cognisance of a media report on rising stray dog attacks, directed the removal of stray dogs from public areas. The court said no compromise could be made on public safety and warned of contempt proceedings against those obstructing the drive. The bench observed that children and the elderly were the most affected by rabies from dog bites, describing the situation as “disturbing and alarming.”