The escalating “community dog” controversy in Delhi has now transformed into a multi-faceted constitutional, public health, and municipal governance issue. On July 28, 2025, the Supreme Court of India, in In Re: “City Hounded By Strays, Kids Pay Price” (Suo Motu Writ Petition (Civil) No. 5 of 2025), acting on its own motion, took suo motu cognizance after a prominent front-page report titled “City Hounded By Strays, Kids Pay Price” highlighted the growing menace of stray dog attacks, particularly on children. A Bench comprising Justices J.B. Pardiwala and R. Mahadevan issued notices to the Government of the National Capital Territory of Delhi (GNCTD) and the Municipal Corporation of Delhi (MCD), and appointed an amicus curiae to assist the Court in framing an urgent legal and administrative response.
Nationwide, approximately 20,000 dog-bite cases are reported each day, with about 2,000 occurring in Delhi alone. The proceedings initiated on July 28 were followed by hearings that revealed these alarming figures, highlighting that many of the victims were children.
On August 11, 2025, after considering preliminary submissions and reports, the Court passed an order directing Delhi-NCR authorities to capture and relocate all stray dogs to designated shelters within eight weeks, expressly prohibiting their release back into public spaces.
This August 11 directive marks a clear break from earlier judicial interpretations that had endorsed the Animal Birth Control (Dogs) Rules, 2001, which focus on sterilization and re-release into the same locality.
The shift has ignited intense legal, ethical, and policy debates — centring on how to reconcile Article 21’s protection of human life and safety with constitutional and statutory commitments to animal welfare, while addressing the pressing demands of public safety and municipal accountability.
Protect each paw, protect each life,
End all danger, end all strife.
Care for the voiceless, gentle and kind,
But keep human life foremost in mind.
Love for all, both man and beast,
Let peace and trust grow, never cease.
In every street, in every land,
Safety and compassion must walk hand in hand.
These lines remind us that justice demands a steady hand — protecting the vulnerable, whether on four legs or two, without compromising the safety of either.
Supreme Court’s August 11, 2025 Order
A. Key Directions
- Relocation Mandate: All stray dogs in Delhi-NCR to be captured and kept in government-approved shelters within 8 weeks.
- Care Standards: Shelters to ensure food, water, medical care, sterilization, vaccination, and CCTV surveillance.
- No Release Policy: Prohibition on releasing dogs back to their original localities, even after sterilization.
- Helpline System: A 24*7 helpline with 4-hour maximum response time to capture stray dogs reported as aggressive or dangerous.
- Accountability: Municipal bodies held responsible for non-compliance; contempt action for wilful disobedience.
B. Court’s Reasoning
- Public Safety Priority: The Court stressed the right to move freely without fear of dog bites as an essential component of Article 21.
- ABC Rules Criticism: Observed that returning sterilized dogs to the streets failed to eliminate the risk of aggression.
- Human Rights Lens: Quoted from an amicus curiae report stating that citizens should not have to alter daily life patterns due to stray dog threats.
Statutory and Regulatory Framework
A. Prevention of Cruelty to Animals Act, 1960
Section 11: Cruelty to animals includes causing unnecessary pain, suffering, or neglect—such as beating, overworking, harming, confining, starving, abandoning, or using unfit animals for work.
Section 3: Imposes a duty of care towards animals.
The Act is the parent legislation under which the Animal Birth Control (Dogs) Rules were framed.
B. Animal Birth Control (Dogs) Rules, 2001
Rule 7: Dogs are to be sterilized, immunized, and released at the same location.
The SC’s 2025 order effectively overrides this principle.
Rule 10: Procedure for Handling Suspected Rabid Dogs: Suspected rabid dogs are caught, examined by a veterinary surgeon and an animal welfare representative, isolated until natural death if rabid, or treated and rehabilitated if not.
C. Delhi Municipal Corporation Act, 1957
Section 399: It allows unregistered or untokened stray dogs found in public places to be caught, kept in a pound, and destroyed or disposed of if unclaimed within a week.
D. Indian Penal Code / Bharatiya Nyaya Sanhita
Sections 289 IPC / Section 291 BNS: Penalizes negligent conduct with respect to animals likely to cause injury.
Constitutional Dimensions
A. Article 21 – Right to Life
- Expanded to include the right to live without fear and to enjoy public spaces safely.
- Applied here to protect citizens from physical harm by stray animals.
B. Article 51A(g) – Fundamental Duty
- Imposes a duty on citizens to show compassion to living creatures.
- Tension arises when this duty conflicts with another citizen’s right to safety.
C. Article 48A – Directive Principle
Mandates the State to protect and improve the environment and safeguard forests and wildlife—interpreted broadly to include animal welfare.
Judicial Precedents
- Animal Welfare Board of India v. A. Nagaraja (2014) 7 SCC 547: The Court famously elevated animal dignity, reading elements of humane treatment into constitutional morality. While the decision addressed Jallikattu, it set a baseline: animal welfare is not merely a statutory policy choice but a constitutional value.
- Animal Welfare Board of India v. People for Elimination of Stray Troubles (PET) (2015) 14 SCC 417: The Court observed that captured dogs should be sterilised and immunised, and then returned to their original location, except where they are found to be rabid, incurably ill, or fatally injured, in which case they may be subjected to humane euthanasia.
Implementation Challenges
- Shelter Capacity: Existing shelters lack space and resources for thousands of animals.
- Funding and Logistics: High operational costs for care, vaccination, and monitoring.
- Legal Pushback: NGOs may challenge the order for being ultra vires the ABC Rules.
- Ethical Concerns: Risk of poor living conditions or covert euthanasia if facilities are overwhelmed.
Public Response and Protests
- Activists’ View: Order is regressive and ignores scientific evidence that sterilized dogs are less aggressive.
- Residents’ View: Welcomes the move as overdue for public safety.
- Political Response: Leaders like Rahul Gandhi and actresses like Janhvi Kapoor, Bhumi Pednekar etc. have spoken against complete removal. Actor, John Abraham wrote a letter to Chief Justice BR Gavai, urging the court to review its order on stray dogs in Delhi
Possible Legal Review and Future Outlook
A. Scope for Review
- Article 137 of the Constitution allows review petitions.
- The CJI has already indicated the possibility of reconsideration.
B. Harmonizing Human and Animal Rights
A possible middle path could involve:
- Intensive sterilization drives.
- Removing only aggressive dogs.
- Community-dog care programs with accountability.
Conclusion
The Supreme Court’s intervention in City Hounded by Strays, Kids Pay Price represents a watershed moment in India’s stray animal jurisprudence. It moves from a welfare-first to a safety-first paradigm, but raises serious statutory, constitutional, and practical concerns. The coming months will determine whether the order is upheld, modified, or harmonized with prior ABC-based jurisprudence.
References
- In Re: City Hounded By Strays, Kids Pay Price, Suo Motu Writ Petition (Civil) No. 5 of 2025
- Prevention of Cruelty to Animals Act, 1960.
- Animal Birth Control (Dogs) Rules, 2001.
- Delhi Municipal Corporation Act, 1957.
- Indian Penal Code, 1860
- Bharatiya Nyaya Sanhita, 2023
- Supreme Court’s stray dog order: Amicus report flagged ‘fundamental right’ to move freely without fear of dog bite or assault, Available Here
- ‘Will Look Into It’: CJI Gavai on Stray Dogs Order, Available Here
Note: The August 11, 2025, Supreme Court Official Order will be added for reference.
Important Link
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