Stray dogs in Delhi-NCR: SC modifies direction, says canines be released after sterilisation

NEW DELHI: The Supreme Court on Friday modified its August 11 direction prohibiting release of stray dogs from dog shelters in Delhi-NCR, and said the picked up canines should be sterilised, vaccinated and released back in the same area.

A three-judge special bench headed by Justice Vikram Nath, however, said municipal authorities shall continue to comply with the direction asking them to start picking up and rounding stray dogs from all localities of Delhi, Ghaziabad, Noida, Faridabad and Gurugram.

The apex court said the August 11 direction prohibiting the release of picked up stray dogs shall be kept in abeyance for the time being.

"The dogs that are picked up shall be sterilised, dewormed, vaccinated and released back in the same area from which they were picked up," the bench, also comprising Justices Sandeep Mehta and N V Anjaria, said.

The bench clarified this relocation shall not apply to dogs infected with rabies or suspected to be infected with rabies and those that display aggressive behaviour. It said such dogs shall be sterilised and immunised but under no circumstances should they be released back into the streets.

The bench said as far as possible, dogs infected or suspected to be infected with rabies and showing aggressive behaviour be kept in separate pounds or shelters after sterilisation and immunisation.

The bench directed the municipal authorities to forthwith commence an exercise for creating dedicated feeding spaces for stray dogs in each municipal wards.

"The feeding areas shall be created and identified keeping in view the population and concentration of stray dogs in a particular municipal ward," the bench said.

It said notice boards shall be placed near designated feeding areas mentioning that stray dogs shall only be fed in such areas.

"Under no conditions shall the feeding of stray dogs on the streets be permitted," the bench said.

It said persons found feeding stray dogs on the streets shall be liable to be proceeded with under relevant legal framework.

"The aforesaid directions are being issued in view of the reports regarding untoward incidents caused by unregulated feeding of stray dogs and to ensure that practice of feeding dogs on the roads and in public places is eliminated as the said practice creates great difficulties for the common man walking on the streets," the bench said.

It said each municipal authorities shall created a dedicated helpline number for reporting incident of violation of these directions.

It said on such a report being received, appropriate measures be taken against the individual or organisation concerned.

The top court passed the order on the interim prayer seeking a stay on some of the directions passed on August 11 by a two-judge bench.

The bench delivered its order in a suo motu case initiated on July 28 over a media report on stray dog bites leading to rabies, particularly among children, in the national capital.

The bench on Friday said no individual or organisation shall cause any hinderance or obstruction in the effective implementation of its directions.

"In case any public servant acting in compliance of the aforesaid directions is obstructed, then the violator shall be liable to face prosecution for obstructing the public servant acting in discharge of official duty," the bench said.

The apex court expanded the scope of the matter pan India and impleaded all the states and Union Territories as parties.

It also transferred to itself the pleas pending before different high courts on the issue concerning stray dogs.

The bench said it has asked its secretary general to get details from the high courts regarding similar pending matters and all those matters be transferred to the top court so that a "final national policy or decision is taken with regard to this problem".

It said each individual dog lover and each NGO that has approached the top court shall deposit Rs 25,000 and Rs two lakh respectively with the registry within seven days, failing which they shall not be allowed to appear in the matter any further.

"The amount so deposited shall be utilised in the creation of the infrastructure and facilities for the stray dogs under the aegis of the respective municipal bodies," the bench said.

It said desirous animal lovers shall be free to move application to the municipal bodies concerned for adoption of stray dogs and it shall be the applicant's responsibility to ensure that the adopted canine do not return to streets.

It directed the municipal authorities to file affidavit of compliance with complete details about resources, dog pounds, veterinarians, dog catching personnel, specially modified vehicles and cages available for the purpose of compliance with the Animal Birth Control Rules.

The bench posted the matter for hearing after eight weeks.

Widespread protests were reported across the country following the apex court's August 11 order.

Later, the matter came up for hearing on August 14 before a three-judge special bench which observed the "whole problem" of stray dogs in Delhi-NCR was a result of the "inaction" of local authorities which did "nothing" in implementing the Animal Birth Control Rules on sterilisation and immunisation of canines.