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A new Supreme Court bench hearing the plea over the previous verdict of removal of stray dogs off Delhi NCR streets and into shelters within eight weeks asked the civic bodies how they implemented the order before it became public
The Supreme Court on Thursday (Aug 14) reserved its order on a plea seeking an interim stay on the August 11 verdict that stated shifting Delhi-NCR stray dogs to the shelter homes. The Bench of Justices Vikram Nath, Sandeep Mehta and NV Anjaria remarked that the case placed “human suffering on one hand and animal lovers on the other,” and directed all intervenors to file affidavits with supporting evidence. During the hearing, the Supreme Court bench also asked why authorities in several areas started picking up the animals even before the earlier order became public. The three-judge bench slammed the local authorities and blamed their inaction for the current situation. As per reports, around 100 dogs were picked up by municipal authorities in two days after the order.
Solicitor General Tushar Mehta, appearing for the government, cited WHO figures of annual rabies deaths to argue for removing strays from public spaces. He stated, “Even if dogs are immunised, they can still mutilate children,” and added that dogs should be separated from public spaces, not killed. Senior advocates Kapil Sibal, Abhishek Manu Singhvi, Sidharth Luthra, Sidharth Dave, Aman Lekhi and Colin Gonsalves sought a stay on the directions, pointing to the absence of functional shelters, failure to implement Animal Birth Control Rules, and the danger of mass culling. They accused municipal bodies of misusing sterilisation funds and urged the court to enforce existing law rather than endorse orders they said were impossible to implement. Sibal blamed municipal failures and said that the SC ignored existing laws like the Animal Birth Control (ABC) Rules and Parliamentary legislation. He pointed out at the lack of shelter homes and sterilisation for the rise in stray dog numbers and warned that relocating dogs to overcrowded shelters leads to fights, disease, and further risks to humans. Senior Advocate Singhvi argued the August 11 order ignored at least six previous SC rulings that prohibited mass dog removals and upheld strict enforcement of ABC rules. Senior Advocate Dave added that the order was passed without hearing from animal rights activists. Aman Lekhi called the basis of the order anecdotal and lacking verification. Colin Gonsalves emphasised that sterilisation and proper feeding reduce stray dog populations.
On August 11, a two-judge bench comprising Justice JB Pardiwala and Justice R Mahadevan issued directions for the shifting of all stray dogs from the National Capital Territory of Delhi to dog shelters with immediate effect. The bench observed that cases of dog bites have risen to an "extremely grim" situation. The bench warned of strict action against an individual or organisation in case of any kind of obstruction in the relocation drive that might also prompt the court to initiate contempt proceedings.