After a two-judge bench ordered authorities in Delhi NCR to relocate all stray dogs from streets to dedicated shelters, the matter will now be taken up by a three-judge bench on Monday. This bench consists of Justices Vikram Nath, Sandeep Mehta, and N.V. Anjaria, who will hear a suo motu proceeding initiated over the issue of stray dogs this Thursday.
Previously, a bench of Justices J.B. Pardiwala and R. Mahadevan took suo motu cognizance of the issue of stray dogs on July 28. Hearing the matter on August 11, this two-judge bench directed the Delhi government, civic bodies, and other related authorities in Noida, Gurugram, Ghaziabad, and Faridabad to relocate all stray dogs to dedicated shelter houses. This bench also noted that the situation is grim and that immediate steps need to be taken to address it, after reports surfaced of increased dog bites in the National Capital Region.
Two-Judge Bench Order
The previous two-judge bench stated, “There should not be any compromise in undertaking any exercise… If any individual or organisation comes in the way of picking up stray dogs or rounding them up, we will proceed to take actions against any such resistance.”
“Infants and young children at any cost should not fall prey to rabies. The action should inspire confidence that they can move freely without fear of being bitten by stray dogs. No sentiments should be involved,” the bench further stated.
This ruling by the Supreme Court led to widespread protests by animal rights groups, which said that the order was in violation of the Animal Birth Control Rules, 2001. According to these rules, the dog should be released into the same locality from where they were picked up after vaccination.
On Wednesday, the issue related to vaccination and sterilisation of community dogs in the National Capital Region came up before the Chief Justice of India-led bench. The Conference for Human Rights India 2024, a non-governmental organisation, had challenged the Delhi High Court’s August 2023 order on its PIL seeking directions for sterilisation and vaccination of community dogs as per the Animal Birth Control Rules.
The High Court had earlier disposed of the plea without issuing any specific directions, following which the NGO approached the Supreme Court. On July 8 last year, a two-judge bench issued notice to the Centre and the Delhi government regarding the same.
Following this, on Wednesday, counsel for the NGO told the Chief Justice of India-led bench that the respondents had yet to file counter-affidavits despite the Supreme Court giving them the last chance to do so on May 13. The Chief Justice of India, D.Y. Chandrachud, pointed out that another bench had already passed an order concerning stray dogs, referring to the August 11 order.
Two Orders in the Same Matter
The counsel also pointed out that in May last year, another Supreme Court bench led by Justice J.K. Maheshwari had sent back petitions on stray dog issues to the High Court, saying that this cannot be an indiscriminate killing of canines and that the authorities have to take actions in terms of the mandate and spirit of the legislation in place. The counsel representing the NGO further stated that the Justice Maheshwari-led bench had added that there is no denying the fact that exhibiting compassion to all living beings is a constitutional value and mandate, and it casts an obligation on the authorities to maintain it.
Following this plea by the counsel, the Chief Justice of India-led bench stated that it will look into the matter.
It is now learned that the CJI decided to refer the matter to a three-judge bench in view of the fact that there are now two orders on the same issue—one by the Justice Maheshwari bench and the other by the Justice Pardiwala bench.