Stray Dog Case

Source: Supreme Court  

Why in News? 

Recently, Justice Vikram Nath, Justice Sandeep Mehta and Justice NV Anjaria has held that  feeding stray dogs in public places is prohibited and must be done only at designated feeding spots to be created by municipal authorities. 

• The Supreme Court held this in the matter of IN RE : 'City Hounded By Strays, Kids Pay Price' | SMW(C) No. 5/2025  (2025). 

What was the Background of IN RE : 'City Hounded By Strays, Kids Pay Price' (2025)? 

• The Supreme Court took suo moto (on its own) cognizance of a news report titled "City hounded by strays and kids pay price" published in The Times of India on July 28, 2025.  
  • The case initially began before a two-judge bench comprising Justice JB Pardiwala and Justice R Mahadevan, who passed directions on August 11, 2025, regarding stray dogs in the Delhi National Capital Region. 
• The matter was subsequently transferred to a three-judge bench comprising Justice Vikram Nath, Justice Sandeep Mehta, and Justice NV Anjaria after lawyers mentioned before the Chief Justice that the August 11, 2025 directions conflicted with previous Supreme Court orders.  
  • Animal lovers and NGOs challenged the August 11 order, arguing that there were insufficient shelter facilities to house all stray dogs and that mass removal could lead to culling of animals. 
• The Solicitor General presented alarming statistics showing that approximately 3.7 million dog bite cases occur annually in India (about 10,000 daily), with 20,000 rabies-related deaths each year according to WHO data.  
  • The case highlighted the tension between public safety concerns and animal welfare rights, with municipal authorities being criticized for their failure to implement existing Animal Birth Control (ABC) Rules effectively. 

What were the Court’s Observations? 

• Previous Order: 11th August 2025 
  • The three-judge bench observed that the order required modification to adopt a more "holistic approach" to the stray dog problem. The court recognized that local municipal authorities had failed in their statutory duties over the years, stating that "the government has done nothing, the local bodies have done nothing." 
  • The court acknowledged the need to balance public safety with animal welfare and observed that unregulated feeding of stray dogs in public places was causing difficulties for common citizens and leading to untoward incidents. 
• Final Order: 22nd August 2025 
  • The Supreme Court stayed the August 11 directions that prohibited the release of stray dogs and passed comprehensive new directions with pan-India application.  
    • The court ordered that stray dogs picked up by municipal authorities must be sterilized, dewormed, vaccinated, and released back to the same area from where they were captured, except for dogs infected with rabies, suspected of rabies infection, or displaying aggressive behavior. 
  • The court completely prohibited feeding of stray dogs on streets and public places, directing municipal authorities to create dedicated feeding spaces in each ward with proper notice boards. Violators of this feeding prohibition will face legal action under the relevant legal framework. 
  • Municipal authorities were ordered to create dedicated helplines for reporting violations and ensure no obstruction is caused to officials implementing these directions.  
    • The court imposed financial obligations on parties involved, requiring individual dog lovers to deposit Rs 25,000 and NGOs to deposit Rs 2 lakhs with the court registry, failing which they cannot participate further in the proceedings. 

What are the Directions Issued on Stray Dog Case ? 

• Municipal authorities must continue creating dog shelters and pounds as per August 11 order. 
• Stray dogs to be sterilized, vaccinated and released back to same area (except rabid/aggressive dogs). 
• Dedicated feeding spaces to be created in each ward with notice boards - street feeding completely prohibited. 
• Helplines to be established for reporting violations. 
• No obstruction allowed - violators face prosecution for obstructing public duty. 
• Individual dog lovers to deposit Rs 25,000 and NGOs Rs 2 lakhs to continue participation. 
• Adoption procedures established with responsibility to prevent return to streets. 
• Municipal authorities to file compliance affidavits with resource details.

What are the Legal Provisions Involved ? 

Article 21 as Human Right to Life and Health in Stray Dog. 

• Article 21 of the Indian Constitution guarantees the fundamental right to life and personal liberty, which includes the right to live with dignity, health, and safety.  
  • In the stray dog context, Article 21 protects citizens' right to move freely in public spaces without fear of attacks, ensuring a safe environment particularly for vulnerable groups like children and elderly persons. 
• The Supreme Court emphasized that "infants and young children, at any cost, should not fall prey to rabies" and children should "move freely without fear of being bitten by stray dogs."  
  • This reinforces that Article 21 mandates State action to eliminate threats posed by uncontrolled stray dog populations. 
• Article 21 imposes a positive obligation on the State to create conditions conducive to human life and dignity. Municipal authorities' failure to implement effective Animal Birth Control programs and manage stray populations constitutes a violation of this constitutional duty.  
• The balance between human rights and animal welfare demonstrates that while animals deserve protection from cruelty, human life and safety also remain paramount under the constitution. 

What are Laws Related to Animal Rights? 

• Constitution of India,1950 
  • According to the Indian Constitution, it is everyone’s responsibility to care for and preserve the country’s natural resources, such as its forests, lakes, rivers, and animals. 
  • However, many of these provisions come in the Directive Principles of State Policy (DPSP) and Fundamental Duties – which cannot be enforced unless there is statutory backing. 
  • Article 48 A states that the State shall endeavour to protect and improve the environment and safeguard the forests and wildlife of the country. 
  • Article 51A(g) states it to be a duty of every citizen of India “to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.” 
  • Further, the State and Concurrent List have been assigned the following items about animal rights. 
  • The States are given the authority to “preserve, maintain and improve stock and prevent animal diseases and enforce veterinary training and practice,” according to State List Item 14. 
  • The Concurrent List contains legislation that both the Centre and the States may pass 
    • “Prevention of animal cruelty,” which is mentioned in item 17. 
    • “Protection of wild animals and birds” which is mentioned as item 17B. 
• Bharatiya Nyaya Sanhita, 2023 (BNS): 
  • Bharatiya Nyaya Sanhita, 2023 is the official criminal code of India which covers all substantive aspects of criminal law. 
  • Section 325 of the BNS provides for punishment of all acts of cruelty such as killing, poisoning, maiming or rendering useless of animals. 
• Prevention of Cruelty to Animals (PCA) Act, 1960: 
  • This central law prohibits cruelty to animals, including stray dogs. 
  • It mandates that the only permissible method for managing stray dog populations is through humane sterilization programs. 
  • The objective of the Act is to prevent the infliction of unnecessary pain or suffering on animals and to amend the laws relating to the prevention of cruelty to animals. 
  • The Act defines "animal" as any living creature other than a human being. 
• Animal Birth Control (ABC) Rules, 2001 and 2023: 
  • The 2001 ABC Rules were notified under the PCA Act to provide guidelines for stray dog population management. 
  • In 2023, updated ABC Rules were introduced, further strengthening the mandate for sterilization over killing of stray dogs. 
• Wildlife Protection Act, 1972: 
  • The act aims to safeguard all plants and animal species in the country to ensure environmental and ecological security. 
  • The Act prohibits the hunting of endangered animals while providing for the establishment of wildlife sanctuaries, national parks, and zoos. 
• Conflict with State/Municipal Laws: 
  • Some state and local authorities had enacted laws or policies allowing the "culling" (killing) of stray dogs, in conflict with the central PCA Act. 
  • This led to legal battles in various high courts with conflicting judgments.