Remove strays from public places: SC to states
New Delhi, Nov. 8 -- The Supreme Court on Friday directed all states and Union territories (UTs) to ensure the removal of stray dogs from educational institutions, hospitals, sports complexes, bus depots and railway stations, and ruled that they cannot be released back in the same places after sterilisation, in a move that animal activists said was counter to the amended Animal Birth Control norms of 2023, and which is likely to highlight the huge shortage of shelters that will now be needed to house these animals.
Terming the rise in dog bite incidents in public spaces a "matter of human safety concern", the court said permitting their return "would frustrate the very effect" of securing institutional premises. The detailed order, issued by a bench of justices Vikram Nath, Sandeep Mehta and NV Anjaria, underlined that the "enduring menace" of dog bites across institutional spaces reflects not just municipal lapses but "systemic failure". "The recurrence of such incidents.reflects not only administrative apathy but also a failure to secure these premises from preventable hazards," held the bench, adding that the situation "calls for immediate judicial intervention to safeguard the fundamental right to life and safety of citizens, especially children, patients and sportspersons, under Article 21."
The court noted that despite the statutory Animal Birth Control (ABC) framework, amended in 2023, outcomes remained "suboptimal", citing a year-on-year rise in dog bites near or inside schools, hospitals, stadiums and transport hubs. It identified the causes as inadequate sterilisation, poor waste disposal, lack of perimeter management, and low public awareness. To be sure, ABC Rules, framed under Section 38 of the Prevention of Cruelty to Animals Act, require local authorities to run ABC and anti-rabies programmes premised on catch-neuter-vaccinate-release approach.
"The State and its instrumentalities bear an affirmative obligation to ensure that no citizen, least of all children, elderly people and patients, are exposed to preventable injury or disease within public premises," the bench said.
The latest directions also reinforce and significantly expand the scope of an earlier August 11 order passed by a two-judge bench of Justices JB Pardiwala and R Mahadevan, which required the Municipal Corporation of Delhi (MCD) and civic bodies in Noida, Ghaziabad, Gurugram and Faridabad to round up stray dogs "at the earliest" and keep them in designated shelters, with no re-release on the streets. That order, which effectively suspended the catch-neuter-vaccinate-release (CNVR) model in the National Capital Region, was later referred to the present three-judge bench by the Chief Justice of India.
Under the directions issued on Friday, all states and UTs must, within two weeks, identify all government and private educational institutions, hospitals (including primary health centres and medical colleges), sports complexes, bus stands/depots (including Inter-State Bus Terminals) and railway stations. Within eight weeks thereafter, these premises must be secured, preferably through boundary walls, fencing or gates, to prevent the entry of stray dogs.
Each such institution must appoint a nodal officer responsible for cleanliness, surveillance and coordination with municipal bodies. The officer's details must be displayed prominently at the entrance, the court ordered.
Local municipal authorities and panchayats are required to conduct inspections every three months, and any lapse "shall be viewed seriously", with responsibility fixed on errant officials.
The court mandated that every stray dog found in these premises must be captured, sterilised, vaccinated and shifted to designated shelters, and "shall not be released back to the same location".
"We have consciously directed the non-release of such stray dogs to the same location.as permitting the same would frustrate the very effect of the directions issued to liberate such institutional areas from the presence of stray dogs," the bench wrote. Activists said the ruling violates the Animal Birth Control (ABC) Rules, which require sterilised and vaccinated dogs to be released back to the same area they were picked up from.
"Dogs living on school or railway premises cannot be relocated-it's their home," said independent activist Sonyaa Khanna....
To read the full article or to get the complete feed from this publication, please
Contact Us.