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New Delhi: In news that can provide a boost to the lovers of stray dogs, the Supreme Court has decided to hear the matter on Thursday. On the directions of CJI BR Gavai, a three-judge bench of Justices Sandeep Mehta, NV Anjaria, and Vikram Nath will take up the case.
Earlier, a bench of Justices JB Pardiwala and R Mahadevan ordered the removal of all stray dogs from the Delhi NCR and shifting them to shelters. The bench also said that anybody interfering with the process of removing the canines will be held in contempt of court.
Later, the issue was raised before CJI Gavai on Wednesday. Advocate Nanita Sharma sought urgent listing and informed Justice Gavai that there had been two conflicting rulings on the issue by the Supreme Court. Sharma told the CJI that an earlier bench had asked for the implementation of the Animal Birth Control (ABC) Rules, 2023. As per the ABC rules, stray dogs that are sterilised and vaccinated should be returned to the same locality.
There are two conflicting judgments from two different benches of the Supreme Court: One is the judgment of a bench that directed the implementation of ABC rules, and the other bench that ordered that all dogs be removed from the streets.
In 2018, an NGO filed a PIL in the Delhi High Court seeking direction to the authorities to carry out regular sterilisation and vaccination programmes in terms of Rule 3(3), Rule 5(A), and Rule 6(2) of the Animal Birth Control (Dogs) Rules, 2001. The PIL also demanded that authorities should cull stray dogs at regular intervals using humane methods prescribed under clause (4) of rule 7, to contain their population and prevent them from suffering from rabies.
In August 2023, the High Court disposed of the PIL without issuing any specific directions, after recording satisfaction over the steps taken by the authorities. Challenging the High Court direction, the NGO approached the Supreme Court in July 2024.
On July 8 that year, a bench of Justices BR Gavai and KV Vishwanathan issued notice on the special petition. Today, the counsel for the petitioner said that on September 17, 2024, the court had passed an order giving the respondents four weeks to file their affidavits and then listing the matter. But the matter has not been listed till now.
Meanwhile, the Delhi Municipal Corporation has started picking up stray dogs following the SC order. Since yesterday, 100 dogs have been picked up from the national capital. Over 12 teams of the Delhi Municipal Corporation's Veterinary Department are engaged in catching stray dogs. They have been picked up from places like hospitals, courts, educational institutions, and markets. All 20 sterilisation centres in Delhi are being expanded, and they will reportedly be converted into shelters.
