New Delhi: The Supreme Court Friday said its earlier order that called for the rounding up of all Delhi-NCR stray dogs was “too harsh”, underlining that the issue calls for a “holistic approach”.
A three-judge bench of the top court modified the August 11 order passed by a two-judge bench, stating that stray dogs are to be sterilised, vaccinated and released in their original territories. Only rabid dogs, and those exhibiting aggressive behaviour, cannot be released.
“One cannot be ignorant of the fact that the mandate to keep all the stray dogs, picked up from Delhi and adjoining NCR cities, in municipal shelters/pounds would require logistics of gargantuan proportions, including manpower, shelters/pounds, veterinarians, cages and specially modified vehicles for transportation of captured stray dogs,” the three-judge bench led by Justice Vikram Nath said.
The order, spanning 22 pages, stated that “aggressive sterilisation” of the dogs would definitely curb the rapid growth of the stray dog population, leading to its reduction. “However, this is possible only in an idealistic situation, which seems unlikely in the present scenario,” it added.
The court also acknowledged that any direction for impounding the stray dog population necessitated a look at the existing infrastructure and human resources available with municipal bodies. “A blanket direction to pick up all strays and put them in dog shelters or pounds without evaluating the existing infrastructure may lead to a Catch-22 situation since such directions may be impossible to comply with.”
The bench, also comprising Justices Sandeep Mehta and N.V. Anjaria, also said that each individual dog lover and each NGO, that has approached the top court in the present case, shall deposit a sum of Rs 25,000 and Rs. 2,00,000, respectively, with the court registry within 7 days. If they fail to do so, they will not be allowed to appear in the matter any further, the court said, while adding that the amounts deposited will be used for creating infrastructure and facilities for stray dogs.
Although the court said that the 11 August order was undoubtedly “salutary” in its intent, as it aimed to protect citizens from attacks by aggressive and rabid stray dogs, it also said that certain factors called for a balancing exercise, so that the earlier order could be taken to its logical conclusion, within the contours of the legal framework given under the Animal Birth Control Rules, 2023.
“List the matters after eight weeks for further directions and for receiving the compliance report,” the three-judge bench ruled.
Taking note of the different pleas pending before various High Courts in the country, the apex court said these petitions dealt with common issues and directed them to be transferred before it for consideration along with the main case.
Another thing to be noted is that all states, and Union Territories (UTs) have now been made parties in the case, through the concerned secretaries of their animal husbandry departments, and of local bodies such as municipal corporations or municipal councils, among others. The UT administrators must also seek information from each authority on what steps must be taken for compliance with the ABC Rules, in their jurisdictions.
Since the application of ABC Rules is uniform all over the country and the same issues have cropped up or are likely to exist in every state, “we propose to expand the scope of this matter beyond the confines of New Delhi and NCR,” the court said.
What other directions did the court give?
Among the slew of directions given by the court Friday, the municipal authorities were directed to file an affidavit of compliance detailing statistics of resources such as dog pounds, veterinarians, dog catching personnel and specifically modified vehicles or cages.
The court also said animal lovers can adopt stray dogs by moving applications to the concerned municipal bodies. However, the court specified that it shall be the responsibility of those adopting these dogs to ensure they do not return to the streets.
The court also warned that individuals or organisations causing any hindrance or obstruction to the effective implementation of its directions will be liable to face prosecution.
Each municipal authority shall create a dedicated helpline number for reporting violations of the court’s directions. After such a report is received, appropriate measures will be taken against the concerned NGOs or individuals, the court said.
Apart from this, the municipal authorities were also directed to create “dedicated feeding spaces” for stray dogs in each municipal ward. Notice boards will be placed near such areas specifying that dogs will “only be fed in such areas”. Under no condition shall feeding of stray dogs be allowed on the streets, the court said while adding that those found contravening can also face action.
In a nutshell, the court said that municipal authorities will comply with earlier directions of picking up and sterilising stray dogs. However, it modified the direction prohibiting their release back into the streets, for the time being.
“The dogs that are picked up shall be sterilised, dewormed, vaccinated and released back to the same area from which they were picked up,” the three-judge bench ruled.
Clarifying that the relocation will not apply to dogs infected with rabies or those suspected to be infected with rabies or exhibiting aggressive behaviour, the court said on the latter, “Such dogs shall be sterilised and immunised, but under no circumstances should they be released back into the streets.”
(Edited by Gitanjali Das)
Also Read: MCD kicks off 3-phase plan to implement SC’s stray dogs order, targets ‘ferocious’ ones in 1st phase