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SC Refuses to Modify Order Removing Stray Dogs From Public Places, Calls it Threat to Article 21

The Court blamed the State authorities for failing in their duty to protect the lives of the people from dog attacks

SC Refuses to Modify Order Removing Stray Dogs From Public Places, Calls it Threat to Article 21
Summary
  • The Supreme Court of India refused to modify its earlier order on relocation of stray dogs from public spaces.

  • The court said repeated dog attacks raise concerns under Article 21 and criticised states for poor implementation of sterilisation programmes.

  • States were warned of strict action, including contempt proceedings, for failing to comply with court directions.

The Supreme Court on Tuesday refused to change its earlier directions that stray dogs picked up from public places like hospitals, schools, railway stations, bus depots etc., must not be released to the same place after vaccination and sterlisation. The previous order was given on November 7, 2025.  

A bench of Justice Vikram Nath, Justice Sandeep Mehta and Justice NV Anjaria dismissed all petitions seeking modifications to the apex court’s order in November. The court also dismissed applications challenging the Standard Operating Procedure (SOP) issued by the Animal Welfare Board of India (AWBI).

The Court blamed the State authorities for failing in their duty to protect the lives of the people from dog attacks.

Threat to Right to Life

The court invoked Article 21 of the Constitution of India saying that constant attacks from dogs on civilians infringe upon their right to live a dignified life.

"Article 21 necessarily encompasses the right of every citizen to move and access public places without living under a constant apprehension of physical attack or exposure to life-threatening events such as dog bites in public areas. The state cannot remain a passive spectator where preventable threats to human life continue to proliferate in the face of statutory mechanisms specifically designed to address them,” Justice Mehta said in his judgement.

The court also scolded the state and union territories for their ‘discernible absence of efforts’ in implementing sterlisation and vaccination programmes effectively.

“Prolonged inaction and absence of institutional commitment to effective implementation of the Animal Birth Control (ABC) Framework have contributed significantly to the persistence as well as aggravation of the problem, which has now assumed dimensions warranting urgent and systemic intervention," the court observed.

Court Warns Against Non-Compliance

The court was strict regarding the implementation of its directions directing High Courts across the country to take suo moto proceedings to ensure compliance with its earlier directions.

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It also cautioned that states failing to implement these directions will be held liable for their non-compliance.

“Any non-compliance with the directions of this court shall be viewed seriously. Contempt proceedings, disciplinary proceedings and tortious liability shall be initiated against States for non-compliance,” it stated.

The Stray Dog Problem

In July last year a two-judge bench comprising of Justice JB Pardiwala and Justice R Mahadevan took suo moto cognisance of the increasing number of dog bite cases, including the death of a six-year-old girl.

In August the bench ordered the removal of all street dogs from the National Capital Region (NCR) and to put them into dog shelters. After public outrage amid concerns over animal cruelty, the then CJI BR Gavai shifted the matter to a three-judge bench comprising Justice Vikram Nath, Justice Sandeep Mehta and Justice NV Anjaria.

The new bench modified the order of the old two-judge bench and ordered that the dogs must be released after vaccination and sterlisation. The three-judge bench also expanded the scope of the matter pan-India. In November, the three-judge bench issued further directions for the removal of dogs from the premises of public institutions.

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