Supreme Court reserves interim order on stray dogs

“Everyone who has come to intervene must take responsibility,” Justice Vikram Nath orally observed.

The bench headed by Justice Nath, which also comprises Justices Sandeep Mehta and N V Anjaria, directed all intervenors to file affidavits with supporting evidence.

A host of senior advocates, including Kapil Sibal, Abhishek Manu Singhvi and Sidharth Luthra, appeared on behalf of animal rights organisations and individuals in support of stray dogs and sought a stay on the two-judge bench order of August 11.

Solicitor General Tushar Mehta, who appeared for the government, argued in favour of relocating stray dogs to shelters. “Sterilisation does not stop rabies. Even if you immunise that does not stop mutilation of children,” he argued.

“There is a vocal minority view against a silent majority view,” he added.

Mehta said that while the 2023 Animal Birth Control (ABC) Rules exist, they are inadequate and the SC must intervene to address the issue.

The 2023 ABC Rules deal with the management of the stray dog and cat population. The Rules, which reclassify them as “community animals”, include provisions for community animal feeding and specify that stray dogs cannot be displaced from their regular place of habitation.

However, the apex court order on August 11 had specifically directed that the strays should not be brought back to their habitat after sterilisation.

Chief Justice of India B R Gavai had on Wednesday re-assigned the suo motu case taken up by a bench headed by Justice J B Pardiwala to the three-judge bench headed by Justice Nath.