‘Will Look Into It’: CJI Gavai on Stray Dogs Issue in View of Conflicting SC Orders

New Delhi: Chief Justice of India BR Gavai on Wednesday said he would examine the ongoing issue relating to community dogs, after an advocate pointed out that different benches of the Supreme Court have issued conflicting directions. “I will look into this,” CJI Gavai was quoted as saying by news agency ANI. The matter relating to stray dogs was mentioned before a bench headed by the CJI for urgent listing. 

Advocate Nanita Sharma informed the court that two benches of the apex court had passed different orders on the stray dog issue.

“This is with regard to the community dogs issue. There is an earlier judgment of this court, by a bench of Justices JK Maheshwari and Sanjay Karol, which says there cannot be indiscriminate killing of canines and that compassion for all living beings has to be there,” the lawyer said. 

Sharma was referring to a recent order passed by a bench headed by Justice JB Pardiwala, where the court ordered the relocation of stray dogs in Delhi to shelters, and another order passed by a Justice JK Maheshwari-led bench in May 2024, whereby petitions relating to the stray dog issue were relegated to the respective High Courts.

Justice Maheshwari had observed, “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.”

Sharma also mentioned a petition filed by an organisation named Conference for Human Rights (India), challenging a Delhi High Court order in its PIL seeking directions for sterilisation and vaccination of community dogs in Delhi, as per the Animal Birth Control (Dogs) Rules.

In August 2023, the High Court disposed of the PIL without issuing any specific directions, after recording satisfaction with the steps taken by the authorities. The NGO challenged the High Court order in July 2024, and a bench headed by Justice Gavai issued notice on the plea.

On August 11, however, a bench of Justices Pardiwala and R Mahadevan took a stern view of the stray dog menace and ordered that stray dogs in Delhi-NCR be removed from all localities within eight weeks and housed in dedicated dog shelters to be set up by civic authorities.

“NCT Delhi, MCD, NMDC shall at the earliest start picking up stray dogs from all localities, particularly vulnerable areas. How to do it is for the authorities to decide, and if they have to create a force, do it at the earliest. However, this should be the first and foremost exercise to make all localities free of stray dogs. There should not be any compromise in undertaking the exercise,” the bench had said on Monday.

It also ordered contempt proceedings against any individual or organisation that attempts to obstruct the authorities from carrying out the capture drive.

The order of the top court came in suo motu proceedings initiated over a media report on the growing menace of stray dog attacks leading to rabies. Terming the report “very disturbing and alarming,” the bench observed that the elderly and children were the most affected by rabies from dog bite incidents.

The judgment has triggered a strong reaction from animal lovers, who have launched a campaign urging the top court to reconsider the decision.