‘Not Shying Away from Dealing with Stray Dogs Issue, But Will Not Allow Scope to be Expanded: SC

The Supreme Court on Wednesday emphasized its commitment to addressing issues concerning orders issued by various civic bodies regarding stray dogs, particularly in Kerala and Mumbai, while maintaining the focus of the matter under consideration.

The apex court highlighted that the involved parties should familiarize themselves with the Animal Birth Control Rules, 2023, as many of the raised concerns could potentially be resolved through them.

The Bench

“Let us also clarify one thing. We are not shying away from dealing with the issue but we will not allow the scope to be expanded,” stated a bench of justices J K Maheshwari and Sanjay Karol.

The bench underscored the importance of studying the 2023 rules now in effect. One of the lawyers suggested that the bench allow them time to review the 2023 rules, after which they would revert to the court.

“That is the essence of the matter,” responded the bench. Another lawyer mentioned a recent advisory from the Animal Welfare Board of India (AWBI) regarding the implementation of the 2023 rules, expressing confidence that most issues could be resolved if everyone followed it.

“Please review the 2023 rules and the advisory,” instructed the bench. “… after reviewing these 2023 rules, if most problems are resolved, then we can suggest, in brief, that authorities should consider the 2023 rules while addressing issues according to the law. “If any further issues arise, the parties are free to seek recourse before the high courts,” it added, scheduling the next hearing for May 8.

Previous Hearings

During previous hearings in September last year, the apex court had stated its reluctance to issue interim directions and indicated it would make decisions after examining relevant statutes, rules, their implementation, and the presented issues. One advocate noted that different high courts have taken divergent views on the matter.

In previous sessions, the apex court had directed the AWBI to submit an affidavit containing data on dog bites over recent years in various states and major cities. The top court emphasized the need to strike a balance between public safety and animal rights.

Several NGOs and individual petitioners have approached the apex court challenging decisions of certain high courts, including the Bombay High Court and Kerala High Court, regarding the authority of municipal bodies to address the issue of stray dogs in accordance with the rules.

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