India Supreme Court permits release of stray dogs after vaccination, sterilization

By Ishika Tanwar

India Supreme Court permits release of stray dogs after vaccination, sterilization

India's Supreme Court on Friday directed that canines picked up in the country's National Capital Region (NCR) be sterilized, vaccinated, dewormed, and then released back to the localities from which they were taken, in line with the Animal Birth Control (ABC) Rules, 2023.

A three-judge bench of Justices Vikram Nath, Sandeep Mehta and NV Anjaria termed an earlier August 11 directive to confine all strays in shelters as "too harsh" and warned that such a blanket approach was unworkable given India's limited infrastructure. The court said dogs showing aggressive behavior or infected with rabies must not be released and should instead be kept in shelters.

The bench also imposed strict feeding regulations. Municipal authorities must designate feeding zones in each ward, with boards notifying the public. Feeding strays on roads or public places is now prohibited, and violators will face legal proceedings. Municipalities have also been ordered to establish helplines to report violations, with action mandated against both individuals and NGOs obstructing compliance.

Expanding the case beyond the NCR, the Court impleaded all states and union territories and transferred similar pending High Court cases to itself to enable a final, uniform national policy. Authorities must now submit affidavits detailing available resources such as shelters, veterinarians, staff, and transport facilities.

The court required petitioning NGOs and dog lovers to deposit funds with the registry, ₹200,000 per NGO and ₹25,000 per individual, within a week. These amounts will be used to strengthen infrastructure for stray dog management. The court also opened the door to adoption; animal lovers may apply to adopt street dogs, which must then be tagged and permanently housed by the adopters.

The August 11 order, delivered by a two-judge bench, had mandated the rounding up of all stray dogs in the National Capital Region, prohibiting their release and requiring the creation of large shelters with CCTV, medical care, and staff. The order cited over 25,000 dog bite cases in Delhi in 2024 and more than 3,000 in January 2025 alone, framing the issue as a violation of citizens' rights under Articles 19(1)(d) and 21 of the Constitution.

That directive provoked sharp criticism and protests from animal rights groups, who argued it was inhumane and scientifically unsound. They protested that sweeping measures like mass removal of community dogs caused undue suffering and disrupted ecological balance. PETA India (People for the Ethical Treatment of Animals) termed the directive "impractical, illogical, and illegal," arguing it could worsen outcomes rather than resolving issues.

The matter was subsequently referred to a larger bench after petitions were filed in the Supreme Court and High Courts across India. In modifying its earlier approach, the Supreme Court emphasized that sterilization and immunization in local areas, as mandated by Rule 11(19) of the ABC Rules, is a "scientifically carved out" solution as it prevents overcrowding and allows for compassionate treatment of strays.

The ruling takes a balancing approach; while unchecked dog attacks threaten citizens' fundamental rights, sweeping measures cannot override statutory safeguards and constitutional duties. As the case proceeds toward a final national policy, the Court's interim order reaffirms that executive action must be proportionate and humane.

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