New Delhi: “We condemn those who, beneath the cloak of ‘love and care’ for the voiceless, pursue the warmth of self-congratulation,” the Supreme Court said in its contentious 11 August order asking authorities to pick up all stray dogs in Delhi-NCR and put them in shelters.
The detailed 19-page order was published on the Supreme Court website Wednesday. The bench of Justices Pardiwala and R Mahadevan said in the order it was issuing the directions “as a court which functions for the welfare of the people”.
These instructions are both in the “interest of humans as well as dogs”, the bench said. “This is not personal.”
“If we fail to act with urgency, we risk allowing yet another two decades to slip into the ledger of neglect, leaving future generations to inherit the same problems and the same dangers,” the court said.
While large sections of society welcomed the order, animal lovers have been protesting the move, calling it inhumane, impractical and unscientific. Amid the protests, Chief Justice B.R. Gavai Wednesday referred the matter to a larger, three-judge bench comprising Justices Vikram Nath, Sandeep Mehta and N.V. Anjaria.
In the original order, the Supreme Court said immediate steps need be taken to tackle the menace of dog bites, since it leads to rabies.
Describing the situation as “extremely grim”, it asked authorities concerned to immediately begin picking up stray dogs and putting them in shelters.
“The appropriate authorities of NCT of Delhi, NOIDA, Ghaziabad, Gurugram & Faridabad are directed to immediately create dog shelters/pounds and report to this Court the creation of such infrastructure all over the National Capital Region (NCR),” the court ruled, asking for a status report within eight weeks.
In no circumstances, should these stray dogs be released back onto the streets, after their relocation, the court said, while adding that the authorities concerned must also maintain proper records for the same.
Stray dogs shall be captured, sterilized, dewormed and immunised as required by Animal Birth Control Rules, 2023, the court said. It asked dog shelters to ensure they have adequate staff to sterilise, deworm, immunise and look after the detained stray dogs.
The court also said that both the exercise of rounding-up stray dogs along with creating necessary infrastructure for them in the form of shelters, pounds, etc, should be carried out simultaneously.
In its strongly worded order, the Justice Pardiwala bench also warned the authorities to not exhibit any “lethargy”, when it comes to creating dog shelters, otherwise, the court will proceed to take strict action against them.
The court even went so far as to say that any hindrance or obstruction caused by any individual or organisation “in the smooth and effective implementation” of its directions will be viewed as contempt of court, and appropriate action will be taken, in accordance with law”.
Finally, the court said that it would hear the case again in four weeks after a status report is filed detailing the progress made by the authorities in the matter.
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The court’s reasoning
Underlining the growing menace of dog bites in Delhi-NCR as a “burning issue”, the court said its decision was not driven by a momentary impulse, but stemmed from the authorities’ systematic failure to address a problem that lay at the heart of public safety.
“We have, over a considerable period of time, examined the prevailing circumstances, heard the voices of those who have been directly affected and reflected upon a disturbing pattern of dog bites in this country,” the court noted, saying it was time for decisive and collective action.
Stating that it was sensitive to the idea of coexistence, the court added that existence of one should not be at the cost of another.
Streets should not become vulnerable places where visually-impaired persons, young children, elderly persons, and persons from humble backgrounds are at a risk of dog bites, the court ruled. “In the case in hand, we are attempting to flag the experience of those who use the streets daily.”
It also said many people from economically weaker sections often sleep on the streets and don’t even have enough money to bear medical expenses.
“The true test of a legal order lies not in how firmly it restrains those at the top, but in how faithfully it safeguards those at the margins,” the court said while also making it clear that it won’t be entertaining any intervention applications, until the authorities act.
The order also urged people to adopt and give shelter to dogs.
Notably, the court said that a “virtual divide” was being attempted between animal lovers and those who are indifferent towards animals.
Delhi HC order
In its 11 August order, the court also noted that it was informed about a pending case, filed in 2023 before the Delhi High Court, where a similar initiative directing the MCD to construct dog shelters was stayed by it.
“Keeping in mind the similitude of issues involved in the aforesaid matter and the case in hand, we are of the view that the aforesaid petition should be heard by this Court,” the court said while transferring the case pending in the HC to itself.
(Edited by Ajeet Tiwari)
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