Supreme Court Set To Announce Decision On Delhi's Controversial Stray Dog Mass Capture Order

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Supreme Court 

Supreme Court will deliver crucial ruling Friday on petition to suspend contentious order mandating mass capture of all stray dogs in Delhi and surrounding areas.

The Supreme Court is scheduled to announce its decision on Friday regarding petitions seeking to suspend the controversial August 8 directive that mandated the capture of all stray dogs across Delhi and four neighboring districts including Noida, Ghaziabad, Gurugram, and Faridabad. The ruling will determine whether these animals should be confined in designated shelters indefinitely.

A three-member judicial panel headed by Justice Vikram Nath, alongside Justices Sandeep Mehta and NV Anjaria, will determine the fate of the disputed order. The bench faces three primary options: completely suspending the directive, implementing modifications to address concerns raised by animal welfare organizations, or maintaining the current requirements as originally issued.

The controversy began when Justices JB Pardiwala and R Mahadevan issued the sweeping August 8 order requiring the Municipal Corporation of Delhi and municipal agencies in the surrounding districts to collect all stray dogs within an eight-week timeframe. The directive explicitly prohibited the release of captured animals back onto streets, marking a significant departure from established animal welfare protocols.

Under the original order, authorities received instructions to construct shelters capable of housing at least 5,000 animals within the same eight-week period. A subsequent written order issued on August 11 reinforced these requirements while incorporating additional welfare protections for animals held in custody, including provisions against mistreatment, starvation, and overcrowding.

The ambitious scope of the mass capture program quickly generated intense opposition from animal rights advocates who characterized the measures as both cruel and legally problematic. Critics argued that the directive violated existing legislation, specifically the Prevention of Cruelty to Animals Act and the Animal Birth Control Rules, which establish different protocols for managing stray animal populations.

Recognizing the mounting controversy and legal inconsistencies, Chief Justice Bhushan R Gavai took the unusual administrative step of reassigning the case from the original bench to a larger three-judge panel led by Justice Nath. This larger bench conducted extensive hearings on August 14 before reserving judgment, which will now be delivered on Friday.

During those deliberations, the expanded bench expressed sharp criticism of both the Delhi government and civic authorities for their failure to implement existing regulatory frameworks designed to manage stray dog populations humanely. The court observed that while lawmakers had created comprehensive rules and regulations, enforcement remained inadequate, resulting in problems for both public safety and animal welfare.

Solicitor General Tushar Mehta, representing the Delhi government, presented disturbing evidence of child injuries and fatalities resulting from dog attacks, describing these incidents as "shocking" cases of mutilation. He emphasized that immediate intervention was essential to protect public safety while maintaining that dogs should not be killed but rather separated, sterilized, and treated humanely. Mehta urged the court to develop an effective solution to address what he characterized as an escalating public health crisis.

Animal welfare advocates mounted a strong counterargument through senior lawyers including Kapil Sibal, who represented NGO Project Kindness, along with Abhishek Manu Singhvi and Sidharth Luthra representing various animal rights organizations. These legal representatives argued that the August 8 directions were both illegal and impractical, contending that existing statutory requirements mandate sterilization and vaccination procedures under Animal Birth Control Rules, followed by returning animals to their original locations rather than permanent shelter confinement.

The animal welfare coalition warned that implementing a time-sensitive mass capture program without adequate, properly inspected facilities would inevitably result in animal cruelty. They challenged the factual basis for the emergency measures by citing government data presented to Parliament showing no recent fatalities from dog bites in Delhi, questioning whether the situation warranted such drastic intervention.

Additional Solicitor General Archana Pathak Dave, also appearing for the Delhi government, provided assurances that the administration would comply with whatever directives the court ultimately issued, regardless of whether the original order was maintained, modified, or suspended.

The August 11 written directive had attempted to address animal welfare concerns by incorporating specific protections for captured dogs. These safeguards included prohibitions against mistreatment and starvation, requirements to prevent overcrowding, provisions for separating vulnerable animals, and mandates for timely veterinary care. The order also permitted adoption under strict conditions established by the Animal Welfare Board of India, while warning that any unauthorized release of adopted animals into public spaces would trigger severe consequences.

The legal controversy originated from a tragic incident involving the death of a six-year-old girl from rabies following a dog bite. The original bench cited this case as evidence of "disturbing patterns" in dog-bite incidents and highlighted local agencies' apparent inability to maintain safe public spaces. This suo motu case reflected the court's concern about balancing public safety with animal welfare obligations.

Thursday's proceedings saw a different bench decline an urgent listing request from an animal rights organization, effectively allowing the August 8 order to remain in effect temporarily. However, it subsequently became clear that the reserved judgment from Justice Nath's larger bench would be announced on Friday, potentially resolving the immediate uncertainty surrounding the controversial directive.

The outcome of Friday's ruling will have significant implications for stray animal management policies across the National Capital Region. The decision will likely establish important precedents for balancing public safety concerns with animal welfare protections, potentially influencing similar situations in other Indian cities grappling with stray animal populations.

The case has drawn widespread attention from both animal rights activists and public safety advocates, highlighting the complex challenges involved in managing urban stray animal populations. The Supreme Court's decision will determine whether the current mass capture approach continues, whether modifications can address legitimate concerns from both sides, or whether alternative approaches must be developed to protect both human safety and animal welfare in India's capital region.

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