Institute of Legal and Management Studies

Two days after dictating the directions, the Supreme Court today released the judgment in which it passed directions for the shifting of all stray dogs to dog shelters/pounds in the Delhi-National Capital Region.

In the now uploaded judgment, the Court has included directions to ensure that the dogs are not ill-treated in shelter homes. It has been said that it is "sympathetic" to their lives and has clarified that at no stage, the dogs be subjected to any mistreatment or cruelty.

The two judge-bench comprising Justice JB Pardiwala and Justice R Mahadevan said :

"We are sympathetic to their lives as-well. Accordingly, we make it clear to all authorities concerned and the personnels deployed at such shelters / pounds, that at no stage should these dogs be subjected to any mistreatment, cruelty or deplorable standards of care. In lieu of this, we direct all the concerned authorities to ensure that there is no overcrowding at the dog shelters / pounds, and all measures shall be taken promptly for avoiding such a situation."

It has additionally ordered the following:

1. There should not be any overcrowding in the dog shelters/pounds.

2. The stray dogs shall not be starved. It is the duty of the concerned officials/authorities to ensure that they are adequately and regularly fed.

3. They shall not at any point be left completely unmonitored.

"In this regard, the concerned authorities must ensure that at least two responsible personnels are present at the shelter / pound at all times and proper duty schedule should be drawn up to ensure the same."

4. Timely medical care should be provided by trained veterinarians to all stray dogs.

5. Vulnerable and weak stray dogs should be accommodated separately within the shelter/pounds as far as possible.

The Court has now also stated that it would be open for the concerned authorities to decide the viability of implementing an adoption scheme in respect of the stray dogs.

"However, any such adoption must take place only after a careful consideration, and in terms of the Standard Protocol for Adoption of Community Animals dated 17.05.2022 issued by the Animal Welfare Board of India, and any other condition that the concerned authorities find necessary to impose for such adoption to ensure that the entire exercise envisaged by us, is not defeated."

But it has made clear that no such adoption, if any, should result in the re-release of a stray dog back on to the streets.

"At the cost of repetition, we make it clear, that no such adoption, if any, should result in the re-release of a stray dog back on to the streets. If we find even a single infraction of such kind, we will proceed to take the strictest of action against the official responsible as-well as the individual."

In a related development, the case has been shifted to a three-judge bench comprising Justice Vikram Nath, Justice Sandeep Mehta and Justice NV Anjaria, and it will hear the matter tomorrow.

Case Details: IN RE : 'CITY HOUNDED BY STRAYS, KIDS PAY PRICE'|SMW(C) No. 5/2025

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