'No Fundamental Rights for Animals': What Supreme Court Ruled on Stray Dogs Issue in Delhi-NCR

A bench comprising Justice Vikram Nath, Justice Sandeep Mehta and Justice NV Anjaria will hear the matter on Thursday, August 14. On August 11, Justice JB Pardiwala and Justice R Mahadevan passed directions to remove stray dogs from the street.

New Delhi: The Supreme Court of India on Wednesday, August 13 uploaded the copy of the order pertaining to the stray dogs issue in Delhi-NCR. The Bench of Justice JB Pardiwala and Justice R Mahadevan, acting on a suo motu, titled the order “City Hounded by Strays, Kids Pay Price”, and observed that the situation was “extremely grim”. They noted that It reflected a “systematic failure” of authorities over the past two decades to safeguard public safety. A larger bench of the Supreme Court will hear a suo moto case on the relocation of stray dogs in Delhi-NCR to shelters on Thursday, August 14. A bench comprising Justice Vikram Nath, Justice Sandeep Mehta and Justice NV Anjaria will hear the matter, where Justice JB Pardiwala and Justice R Mahadevan passed directions to remove stray dogs from the street. The stray dog issue was mentioned twice before the Chief Justice of India BR Gavai, in the morning and evening, following which he assured that he will look into it.

Key Observations Made by the Court  

• Public Safety Above All: The Court stressed that no individual—especially children, the elderly, visually impaired persons, and the homeless—should have to navigate streets in fear of dog attacks.
• Failure of Past Rules: It criticised the Animal Birth Control Rules, 2023 for mandating the release of sterilised dogs back to the same location, calling it a violation of Articles 19(1)(d) and 21 of the Constitution. The Court noted that sterilisation had not reduced bites or the stray population since similar rules in 2001.
• No Fundamental Rights for Animals: Citing a 2023 Constitution Bench ruling, the Court clarified that animals do not have constitutional fundamental rights and that human rights to safety take precedence.
• Call for Co-existence, Not Danger: While recognising compassion for animals, the Bench said coexistence cannot come “at the cost of human life” and condemned “virtue signalling” that ignores real dangers.

Immediate Directions Issued 

• Mass Rounding Up: Stray dogs must be picked up from all NCR localities, especially vulnerable areas, without delay.
• Creation of Shelters: All NCR authorities (Delhi, Noida, Ghaziabad, Gurugram, Faridabad) must set up dog shelters/pounds within 8 weeks, starting with facilities for at least 5,000 dogs.
• No Release Back to Streets: Captured dogs, even after sterilisation, deworming, and immunisation, must not be returned to public spaces.
• Strict Care Standards: Shelters must provide adequate food, veterinary care, CCTV monitoring, and prevent overcrowding.
• Adoption Only Under Protocol: Dogs may be adopted only under strict Animal Welfare Board guidelines; re-release will invite strict action.
• Rapid Response System: Authorities must set up a helpline within a week to report dog bites, with a four-hour deadline for capturing the animal.
• Rabies Vaccine Availability: The Delhi government must publish details of vaccine stocks and treatment locations monthly.

Warning Against Obstruction

The Court warned that any resistance from individuals or organisations to the dog-catching drive would be treated as contempt. It emphasised that “no sentiments” should interfere with public safety measures. The matter will be reviewed after four weeks, with the Court also taking over a related case from the Delhi High Court on shelter construction.