Supreme Court Calls Order On Prohibiting Release Of Stray Dogs "Too Harsh"

The Supreme Court on Friday said its earlier order on stray dogs in the Delhi-NCR area - i.e., they must be rounded up and shifted permanently to special shelters - was "too harsh".

The court also said its August 11 order - in a case that angered dog lovers and led to tension within communities - prohibiting the release of vaccinated dogs had been passed without a 'necessary look at the infrastructure and human resources available with the municipal bodies'.

"A blanket direction to pick up all strays and place them in dog shelters without evaluating existing infrastructure may lead to a 'catch-22 situation' because such directions may be impossible to comply with," a bench of Justice Vikram Nath, Justice Sandeep Mehta, and Justice NV Anjaria said, "A holistic approach requires mollification of the directions issued (earlier)."

Earlier today the three-judge bench made a number of modifications to that August 11 order, including ruling that stray dogs could be released from the shelters after sterilisation.

The exception would be in cases of aggressive behaviour or rabies, the court said. Also, people were warned not to feed strays in public. Dedicated feeding spaces will be set up in each ward.

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The court also set up a helpline residents could call to flag violations of its orders, which it said must be followed by all states and union territories. Also, animal activists and others were warned not to interfere with municipal officials as they collect, neuter, and release the dogs.

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The revised order has been welcomed by animal activists and others who had criticised the August 11 ruling. Congress MP Rahul Gandhi said the modifications marked a "compassionate approach" from the court, one that considered the dogs' welfare and safety of the people.

The court had earlier ordered the rounding up of all stray dogs in the Delhi-NCR area, with the aim of making the streets free and safe. This was after attacks on men, women, and even children. But, amid pushback from animal activists, the court decided to revisit the issue and reserved its earlier verdict.

Modifying the order today, the court said Animal Birth Control (ABC) rules are to be followed for now.

The rules provide a set of guidelines to control the stray population and say that the dogs must be sent back to the same locality after sterilisation. The court has warned against obstructing such services.

PETA India, the foremost voice for animal rights, thanked the court with an "every dog has her day" statement. Former Union Minister and animal rights activist Maneka Gandhi also welcomed the order but urged the court to define the terms under which a dog can be called 'aggressive'.