CJI To Review Delhi Stray Dogs Issue, As SC Is Reminded Of 2024 Order

Following a significant national outcry regarding the recent judgment on stray dogs in Delhi, a lawyer urgently reminded Chief Justice of India B.R. Gavai on August 13 of the Supreme Court’s own order from May 9, 2024, which called for the compassionate treatment of these animals. “I will look into it,” promised the Chief Justice, raising hopes among animal lovers across the Delhi NCR region.

This group includes prominent figures such as Leader of the Opposition Rahul Gandhi, Congress MP Priyanka Gandhi Vadra, and former BJP MP Maneka Gandhi, all of whom have expressed horror at the Supreme Court’s recent order on August 11. This order effectively mandated the permanent impounding of thousands of community dogs in shelters.

On August 11, the Supreme Court observed that instances of dog bites in Delhi had reached “extremely grim” proportions. Consequently, the court ordered the Municipal Corporation of Delhi (MCD), the New Delhi Municipal Council (NDMC), and municipal authorities in Noida and Gurugram to create shelters capable of holding 5,000 stray dogs within a tight timeframe of 6 to 8 weeks.

This directive starkly contrasts with the earlier May 2024 court order, which had prohibited organizations, individuals, and Resident Welfare Associations (RWAs) from relocating or culling stray dogs. The May order emphasized that existing laws, including the 2023 Animal Birth Control rule mandating sterilization and vaccination followed by the release of dogs at their capture sites, must be adhered to.

The May 2024 ruling, issued by Justice J.K. Maheshwari, had sent similar petitions to the relevant high courts, underscoring that “exhibiting compassion to all living beings is a constitutional value.” This principle of compassion galvanized animal lovers to gather in large numbers in Delhi on the evening of the August 11 order and the following day, August 12, to protest against the judgment, despite facing police action. The Supreme Court had warned that any obstruction to the removal of dogs to shelters would be treated as contempt of court, leading authorities to interpret this as a prohibition against any form of dissent from citizens regarding the issue.

In a video interview with PTI, Maneka Gandhi expressed her concerns about the Supreme Court’s recent order, stating, “The Delhi government would need to find 1,000–2,000 centers, as too many dogs together would fight. They would first need land, then construct facilities within eight weeks, costing at least Rs 4-5 crore, with caretakers, feeders, and watchmen to prevent escapes.” She further noted that the order appeared to be a reaction to a newspaper report about a child allegedly killed by dogs, although the family later confirmed that the death was due to meningitis.

The bench of justices J.B. Pardiwala and R. Mahadevan, in their order, insisted that no protests from animal activists would be entertained, stating, “We need to pick up with whatever means to ensure dog-free localities, and that’s how children and the aged will feel safe.” They posed a provocative question: “Would the animal lovers be able to bring back those who had died of rabies?” Notably, government records indicate that Delhi’s last rabies death occurred in 2022.

With it being an order from the Supreme Court, the looming threat of ‘contempt of court’ has left many proponents of animal rights, from celebrities like John Abraham to everyday feeders of street dogs, feeling desperate. They have sent appeals to the Chief Justice as a last resort. However, while CJI Gavai has promised to review the matter, he also cautioned that the bench had already issued an order. “So perhaps we should not be too hopeful yet,” he remarked, leaving many animal advocates in a state of uncertainty about the future of stray dogs in Delhi.

The situation remains tense as the balance between public safety and animal rights continues to be a contentious issue, with the Supreme Court’s decisions shaping the fate of thousands of stray dogs in the national capital.