'Dog bite menace rising': SC refuses to recall order on shifting stray dogs from public places to shelters

The Court also rejected applications challenging the Standard Operating Procedure issued by the Animal Welfare Board of India.

The Supreme Court on Tuesday refused to recall its earlier directive stating that stray dogs picked up from public places such as hospitals, bus stands, schools, and railway stations etc, and  should not be released back into the same place after vaccination or sterilisation.

A bench comprising Justice Vikram Nath, Justice Sandeep Mehta, and Justice NV Anjaria dismissed a series of applications seeking modifications to the directions issued by the court in November last year. In effect, the ruling means that stray dogs picked up by authorities from public places must be kept in shelters instead of being released back into the same areas.

The court also rejected applications challenging the Standard Operating Procedure issued by the Animal Welfare Board of India. In its judgment delivered on Tuesday, the bench referred to reports of “deeply disturbing incidents” involving dog attacks on children. It noted that young children have been mauled, elderly people attacked, and even international travellers had faced dog attacks.

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The Court held state authorities responsible for failing to fulfil their duty to protect the lives of the people from dog attacks.

"The menace of dog bites has extended to public places of critical areas, including airports and residential areas," the Court noted, after referring to various news reports.

The court observed that the issue had reached “staggering dimension” and said the continued recurrence of such incidents pointed to shortcomings in the implementation of its directions.

It further warned that officials who fail to enforce the directions would face contempt proceedings as well as disciplinary action.

"Right to life with dignity encompasses the right to life freely without threat of harm from a dog bite attack. The state cannot remain a passive spectator. The court cannot remain oblivious to harsh ground realities where children, international travellers, old age people have fallen victim to dog bite incidents. The Constitution doesn't envisage a society where children, elderly people are to survive on the mercy of physical strength, chance." the Justice Sandeep Mehta stated, pronouncing the judgment, reported Live Law.

In November last year, the bench issued a series of directions to authorities to ensure the removal of stray dogs from public places such as schools, hospitals, bus stands, railway stations, and sports complexes. The court directed that the dogs be relocated to shelters and not released back into the areas from where they were picked up.

The bench had also issued directed prohibiting the feeding of stray dogs on streets, except at designated feeding spots.

Subsequently, several applications were filed by animal lovers and rights groups seeking the recall of these directions. After hearing the matter in detail, the bench reserved its judgment on January 29.

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