Institute of Legal and Management Studies

A matter relating to stray dogs was mentioned today( August 13) before the Chief Justice of India for urgent listing. The petition was filed by an organisation named Conference for Human Rights (India) in 2024, challenging a Delhi High Court's order in its PIL seeking directions for sterlisiation and vaccination of community dogs in Delhi as per the Animal Birth Control (Dogs) Rules.

When the counsel mentioned the matter, CJI BR Gavai pointed out that another bench has already passed an order in relation to stray dogs. CJI was referring to the order passed by a bench led by Justice JB Pardiwala on August 11 for the relocation of the stray dogs in Delhi to dog shelters.

The counsel then referred to an order passed by a bench led by Justice JK Maheshwari in May 2024, whereby the petitions relating to the stray dog issue were relegated to the respective High Courts.

The counsel also read out the following paragraph from the order passed by Justice Maheshwari's bench :

"We only hasten to add, that under all circumstances, there cannot be any indiscriminate killings of canines and the authorities have to take action in terms of the mandate and spirit of the prevalent legislation(s) in place. There is no gainsaying in the fact that exhibiting compassion to all living beings, is the enshrined Constitutional value and mandate, and cast obligation on the authorities to maintain."

CJI Gavai then replied, "I will look into it."

The organisation had filed a PIL in the Delhi High Court in 2018 seeking directions to the authorities to carry out regular "Sterilization and immunization'/vaccination Programmes in terms of Rule 3 (3), Rule 5 (a) and Rule 6 (2) Animal Birth Control (Dogs) Rules, 2001 for the Stray dogs at regular intervals of time, using humane methods as prescribed under clause 4 of Rule 7, to contain their population and to prevent them from being afflicted by Rabies.

In August 2023, the High Court disposed of the PIL without issuing any specific directions, after recording satisfaction with the steps taken by the authorites.

Challenging the High Court's direction, the NGO approached the Supreme Court in July 2024. On July 8, 2024, a bench comprising Justice BR Gavai and Justice KV Viswanathan issued notice on the Special Leave Petition.

Today, Ms. Nanita Sharma, petitioner in person and Secretary General, Conference of Human Rights, NGO, submitted that although a direction was passed on September 17, 2024 granting 4 weeks time to the respondents to file their counter affidavit as a last chance and to list the matter after the said period, the matter has not been listed so far.

Case : CONFERENCE FOR HUMAN RIGHTS (INDIA) (REGD.) VS. UNION OF INDIA | SLP(C) No. 014763 - / 2024