Investigating the Matter...: Chief Justice BR Gavai Responds to Petition Challenging Supreme Court's Stray Dog Removal Directive in Delhi NCR Region
Supreme Court's August 11 Order on Stray Dogs Sparks Debate
The Supreme Court's August 11, 2025 order, which directed Delhi and the National Capital Region (NCR) authorities to capture all stray dogs from the streets and place them permanently in newly created shelters and pounds within eight weeks, has sparked a significant debate. The order, issued in a suo motu case initiated on July 28 over the rising number of stray dog bites in the national capital, has been met with controversy and criticism, particularly over its legality and humane execution.
The order, made by a bench of Justices JB Pardiwala and R Mahadevan, described an "extremely grim" situation caused by stray dog bites leading to rabies, particularly among children. It mandates sterilization, deworming, and immunization of these dogs in accordance with the Animal Birth Control Rules, 2023, and calls for proper records and sufficient personnel to manage the process. The authorities have been given six to eight weeks to create facilities for at least 5,000 canines.
However, the order has faced criticism from animal welfare advocates and critics who argue that it contradicts established law on humane stray dog management and risks mass culling under the guise of relocation. They argue that the abrupt removal of stray dogs without adequate shelter capacity endangers animal welfare, risking overcrowding, neglect, or culling. Municipal bodies have been criticized for failing to provide adequate facilities and sustained sterilization programs over the years.
The controversy centers on the legality of the order's directive to prevent any re-release of stray dogs, which conflicts with existing Animal Birth Control Rules and parliamentary legislation that generally mandate sterilization and release to maintain ecological balance and prevent animal cruelty. The bench did not include Chief Justice of India BR Gavai or Justice Sanjay Karol, who in an earlier ruling, prohibited indiscriminate killing of canines and underscored the need for "compassion for all living beings".
The bench led by Justice Vikram Nath heard appeals challenging the order and reserved its verdict after considering arguments from the petitioners and government authorities. As of August 21, 2025, the Supreme Court was poised to pronounce its decision on whether to stay, modify, or uphold the August 11 order. A bench comprising Justices Vikram Nath, Sandeep Mehta, and N.V. Anjaria was to rule on the matter, addressing the legality and implementation challenges of the order.
The judges controversially questioned whether animal activists and "so-called lovers" could "bring back children who fell prey to rabies". The bench warned of strict action, including contempt proceedings, against anyone obstructing the relocation process. Existing dog shelters will need to be augmented over time to accommodate the relocated animals.
The August 11 order sparked outrage due to its directive for the removal of stray dogs from Delhi-NCR streets. It has been welcomed by some as a decisive step to protect citizens, but it has faced criticism from animal welfare advocates. Chief Justice of India BR Gavai responded to the concerns by stating that "the other judge bench has already passed orders. I will look into this."
The final ruling on the matter is expected imminently, amid significant debate over its legal basis and humane execution. The case reflects tensions between public safety concerns and animal rights in urban wildlife management.
