CJI Gavai to look into issue of stray dogs in view of conflicting orders of SC

NEW DELHI: Chief Justice of India B R Gavai on Wednesday said that he will examine the ongoing issue relating to community dogs, after an advocate mentioned the matter, saying different benches of the Supreme Court have issued conflicting directions.

The matter relating to stray dogs was mentioned before a bench headed by the CJI for urgent listing, to which the CJI said, “I will look into this”.

Advocate Nanita Sharma said two benches of the apex court have passed different orders on the stray dogs issue. “This is with regard to the community dogs issue… There is an earlier judgment of this court, of a bench of Justices J K Maheshwari and Sanjay Karol, which says there cannot be indiscriminate killing of canines and that compassion for all living beings has to be there”, the lawyer said.

Sharma was referring to the recent order passed by a bench headed by Justice J B Pardiwala, where the court had ordered relocation of the stray dogs in Delhi to dog shelters and another order passed by a Justice J K Maheshwari-led bench in May 2024, whereby the petitions relating to the stray dog issue were relegated to the respective High Courts.

Justice Maheshwari had said, “Under all circumstances, there cannot be any indiscriminate killings of canines and the authorities have to take action in terms of the mandate and spirit of the prevalent legislation(s) in place”.

Sharma today mentioned the petition filed by an organisation named Conference for Human Rights (India), challenging a Delhi High Court’s order in its PIL seeking directions for sterilisation and vaccination of community dogs in Delhi as per the Animal Birth Control (Dogs) Rules.

In August 2023, the High Court disposed of the PIL without issuing any specific directions, after recording satisfaction with the steps taken by the authorities. The NGO challenged the High Court order in July 2024, and a bench headed by Justice Gavai issued notice on the plea.

On August 11, a bench of Justices Pardiwala and R Mahadevan took a stern view of the stray dog menace and ordered the Delhi-NCR to start removing stray dogs from all localities within eight weeks and house them in dedicated dog shelters to be set up by civic authorities.

It said that all localities should be made free of stray dogs and there should not be any compromise, while making it clear that no captured animal will be released back on the streets. It also ordered contempt proceedings against any individual or organisation that attempts to obstruct the authorities from carrying out the capture drive.

The order of the top court came on a suo motu proceedings initiated by it over a media report on the growing menace of stray dog attacks leading to rabies. Terming the news report as “very disturbing and alarming”, the bench had said that day the news report revealed that the elderly and children were the most affected by rabies from dog bite incidents. (ANI)