Supreme Court orders all stray dogs in Delhi-NCR to be moved to shelters in eight weeks

NEW DELHI, AUG 11 : In a significant and important decision, the Supreme Court on Monday in its order directed to round up all the stray dogs from Delhi-NCR within eight weeks and be sent to dedicated dog shelters to be set up by civic authorities, after noting that it wants the “national capital to be free of stray dogs.”

In its order, a two-judge bench of the top court, headed by Justice J B Pardiwala and R Mahadevan said, “We are not doing this for us, it is for the public interest. So, no sentiments of any nature should be involved. Action should be taken at the earliest. We want national capital to be free of stray dogs.”

The court also strictly ordered that pick up all these stray dogs from all the localities and shift them to far-off places. “For the time being, forget the rules,” the apex court amicus curiae (Friend of the court) Gaurav Agarwala, who suggested the steps that can be taken to address the stray dog menace.

Terming the increasing stray dog menance bitings as, “grim situation” the top court directed “immediate steps need to be taken” in this aspect.

“NCT Delhi, MCD, NMDC shall at earlier start picking up stray dogs from all localities, from more particularly vulnerable localities and cities. How to do it is for the authorities to look into and if they have to create a force, do it at earlier. However, this should be the first and foremost exercise to make all localities free of stray dogs. There should not be any compromise in undertaking any exercise. Round up all stray dogs from all localities, whether sterilised or unsterilised,” the court ordered.

The court further said, “However, what is important, and without which the entire exercise would go futile, not a single stray dog should be released and if we know that this has happened, we will take stern action.”

While refusing to hear any pleas by animal rights activists, the top court added that there was “no room for sentiment” (for the dog lovers) and warned that any individual, organisation hindering with rouding up of stray dogs will face contempt of court action.

The apex court passed these directions after taking the suo motu cognisance over the serious issue on July 28, after goingg through a media report highlighting the tragic and brutal death of a six-year-old girl in Delhi due to rabies following a dog bite.

The top court on Monday also directed that dogs be detained in pounds, and the dog shelter would be monitored by CCTV mechanism to ensure that no dogs are taken out.

It had directed the civic authorities in the Delhi NCR region — the national capital, Noida, Ghaziabad and Gurugram, Faridabad etc — to immediately build dog shelters, move stray dogs and update the court in eight days.

The court went on to add that these shelters, must have professionals who can deal with dogs, carry out sterilisation and immunisation and the dogs should not be let out. “CCTVs must be installed to ensure that dogs cannot move out of the shelters. The civic authorities have also been instructed to start a helpline for reporting dog bite cases,” the court opined.

The Solicitor General Tushar Mehta, during the course of the hearing, told the court, “We cannot sacrifice our children just because of a few dog lovers.”

The court had earlier termed as “alarming and disturbing,” the growing menace of stray dog attacks and the resulting fatalities, as it had taken SMC over the serious issue and decided to hear the matter on its own.

The Supreme Court had earlier taken suo motu cognizance (SMC) of a media report titled “City hounded by strays and kids pay price,” describing it as a “highly disturbing” news report. The court, in its July 28 order, noted that the report contained “extremely troubling details,” including accounts of hundreds of dog bite incidents in cities and peripheral areas, many of which resulted in rabies infections. “Ultimately, it is infants and senior citizens who are falling prey to this deadly disease,” the court observed.

The case that prompted the top court’s intervention involved Chavi Sharma, a six-year-old girl from Delhi’s Pooth Kalan area, who was attacked by a stray dog on June 30. Despite receiving medical treatment, she succumbed to the infection on July 26.

It is important to note that the power of suo motu cognizance is derived from Articles 32 and 226 of the Indian Constitution, which deal with the enforcement of fundamental rights, as well as Article 142, which grants the Supreme Court wide-ranging authority.

SMC refers to a court taking action on its own initiative, without requiring a formal petition, complaint, or letter.

-PTI