Institute of Legal and Management Studies

Expressing serious concerns about the menace of dog bites and rabies, the Supreme Court on Monday (August 11) passed an important direction to the authorities in the National Capital Territory of Delhi to immediately start picking up stray dogs from all localities and shift them to dog shelters. The directions also extend to Noida, Gurugram and Ghaziabad.

The Court warned that if any individual or organisation obstructed the authorities from picking up stray dogs, then they would face legal consequences. The authorities can create a dedicated force to pick up the strays, the Court clarified.

The stray dogs should be detained in the shelters and should not be released into the public.

A bench comprising Justice JB Pardiwala and Justice R Mahadevan issued the directions in the suo motu case taken by it over a news report regarding stray dogs attacking children.

"Infants and young children, not at any cost, should fall prey to rabies. The action should inspire confidence that they can move freely without fear of being bitten by stray dogs. No sentiments should be involved," the Court observed in its order today.

During the hearing, Justice Pardiwala questioned the logic of releasing a sterilised dog back to the same locality from which it was picked up.

"Whether sterilised or not sterilised, society should be free from stray dogs. You should not find a single stray dog moving around in any locality of the city or in the outskirts. It's the first step. We have noticed one very absurd and unreasonable rule, if you pick up a stray dog from one part, you sterilise the dog and put him at the same place, that's absolutely absurd and doesn't make any sense at all. Why should that stray dog come back to the locality and for what?", Justice Pardiwala asked.

During the hearing, Solicitor General of India Tushar Mehta, for the Government of the National Capital Region, urged the Court to make a strong intervention to remedy the situation.

The bench, in its order, observed that the "situation is extremely grim." "Immediate steps need to be taken to take care of the menace of dog bites leading to rabies," the bench stated.

SG Mehta submitted that sterilisation only prevents the increase in their population, but it does not take away the power of the dogs to give rabies. Mehta said, "We have seen on YouTube, children dying and parents crying helplessly because even doctors say, we have no cure."

Justice Pardiwala replied that this is why the first direction should be: "Start picking up all stray dogs at the earliest in all possible manner and shift them at a far off place."

After hearing the recommendations of Senior Advocate and Amicus Curiae Gaurav Agarwal, and Solicitor General of India Tushar Mehta, the bench passed the following directions:

Directions issued

1. State of NCT of Delhi, Municipal Corporation of Delhi(MCD), and New Delhi Municipal Corporation (NDMC) are directed to immediately make dog shelters and report about the creation of infrastructure all over State of NCT Delhi within 8 weeks. The dog shelters shall have sufficient personnel for sterilised and immunised stray dogs, and also for looking after stray dogs who would be detained there and not released in streets/colonies/public places. It will be monitored by CCTV to ensure no dogs are released or taken out.

2. Since this is progressive exercise, the dog shelters has to be increased over time, State/MCD/NDMC should begin with dog shelters for 5,000 dogs in next 6/8 weeks. NCT Delhi, MCD, and NDMC shall, at the earliest, start picking up stray dogs from all localities, more particularly vulnerable localities of the city as well as areas on the outskirts. How to do, it is for the authorities to look into it, and if they have to create a force, they shall do it at the earliest. However, this should be the first and foremost exercise to make all localities within city and outskirts free of stray dogs. There should not be any compromise in undertaking this exercise. If any individual or organisation comes of such force in the way of picking up stray dogs or rounding them up, and if its reported to us, we will proceed to take action against any such resistance which may be offered.We are issuing this directing keeping in mind the larger public interest.

Infants and young children, not at any cost, should not fall prey to rabies. The action should inspire confidence that they can move freely on roads without fear of being bitten by stray dogs. No sentiments should be involved in the entire exercise. This should be the first step in the process.

3. MCD/NDMC and the appropriate authority of Noida, Ghaziabad and Gurugram, all authorities are directed to maintain a record of daily stray dogs captured and housed in shelter homes. Such record shall be produced to us in the next date of hearing. However, what is important, and without which the entire exercise would be futile, not a single stray dog picked up from any part of locality should be released, and if we know that this has happened, we will take stern action.

4. Create a helpline within 1 week so that all cases of dog bites are reported. Action should be taken to round up, catch the dog within 4 hours after a complaint is received and any action of an individual or organisation coming in the way will be taken very seriously and we will proceed with contempt. The said dog will be captured, sterilised and immunised as required by Rules and shall not be released under any circumstances. The authorities concerned shall inform the medical facilities so that the victim is treated immediately.

Report in this regard shall be presented before us in next hearing.

5. Availability of vaccine is a major concern- authorities concerned are directed to put detailed information of vaccines available, the stock of vaccines and the persons who have sought it.

Any hindrance or objections that may be caused by any individual or organisations in the smooth and effective implementation of our directions, will be viewed as contempt of the Court and we will proceed in accordance with law.

When Senior Advocate Siddharth Luthra tried to intervene and speak for an intervenor, trustee of People for Animals, Justice Pardiwala rejected the request and said that the Court will not allow any intervention application in this matter in the larger public interest. He said that no sentiments in this type of litigation should be involved.

Amicus Agarwal gave a few suggestions, including the creation of dog shelters. On this, SG Mehta pointed out that there is land which was allocated for the dog shelter and other similar purposes, but a lady had approached the Delhi High Court and sought a stay on it. He requested that the Court look into it.

Another suggestion given by amicus was that the stray dogs captured can be put up for adoption. However, the Court rejected this suggestion and said that stray dogs should not become pet dogs overnight. It also warned individuals and organisations from interfering in this matter.

Matter will be heard after 6 weeks.

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