The verdict will test the balance between public safety and animal rights. (Image Source: Yahoo)
The Supreme Court will deliver its verdict on Friday on petitions challenging the contentious August 8 order that directed civic authorities in Delhi and adjoining districts — Noida, Ghaziabad, Gurugram, and Faridabad, to capture all stray dogs and confine them in shelters.
A three-judge bench led by Justice Vikram Nath, along with Justices Sandeep Mehta and NV Anjaria, will decide whether to suspend, modify, or uphold the order in full. On Thursday, an earlier bench refused urgent listing of the matter, keeping the August 8 directive temporarily in force until the larger bench’s reserved judgment is announced.
The controversial order, passed by Justices JB Pardiwala and R Mahadevan, required the Municipal Corporation of Delhi (MCD) and civic agencies to round up all stray dogs within eight weeks and house them in dedicated shelters, without re-release onto the streets.
Authorities were also directed to establish shelters capable of housing at least 5,000 dogs within the same period. A subsequent written order on August 11 reiterated these measures while also including welfare safeguards for the confined animals.
The sweeping measures triggered outrage from animal rights activists, who argued the order violated the Prevention of Cruelty to Animals Act and the Animal Birth Control (ABC) Rules. These rules require stray dogs to be vaccinated and sterilized before being released in the same area; they do not call for their perpetual incarceration.
Critics warned that the order was both unlawful and impractical, highlighting the lack of inspected facilities and the risk of cruelty due to overcrowding and poor care.
The case was transferred from the Pardiwala bench to a three-judge panel headed by Justice Nath in an extraordinary move by Chief Justice of India Bhushan R. Gavai. The new bench heard extensive arguments on August 14 and reserved its order.
During the hearing, the court criticised the Delhi government and civic agencies for failing to implement their own framework for controlling stray dog populations. “You frame laws and rules but do not implement them,” the bench observed, stressing that both public safety and animal welfare were being compromised.
Solicitor General Tushar Mehta, representing the Delhi government, cited shocking cases of child mutilation and fatalities from dog bites, arguing that urgent action was needed to prevent further tragedies. He insisted that dogs should be separated, sterilised, and treated humanely even though they shouldn't be murdered.
On the other hand, senior advocates Kapil Sibal, Abhishek Manu Singhvi, and Sidharth Luthra, representing animal rights groups, contended that no recent dog-bite deaths had been recorded in Delhi, questioning the data behind the sweeping measures. They warned that the hurried implementation of mass shelters without infrastructure would lead to suffering and violations of animal rights.
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Preventing overcrowding, providing separate lodging for vulnerable dogs, providing prompt medical care, and regulating adoption through the Animal Welfare Board of India were among the requirements outlined in the written decision dated August 11. However, activists remain skeptical about enforcement.
The case was started after a six-year-old child died tragically from rabies after being bitten by a dog. The Pardiwala bench pointed to alarming trends of an increase in dog bite cases in Delhi-NCR.
The Supreme Court’s ruling on Friday will be crucial in determining whether the sweeping August 8 order stands, is modified to align with existing laws, or suspended altogether. It is anticipated that the ruling will establish a long-term standard for juggling animal rights and public safety in India.
