Image showing CJI B R Gavai and a stray dog.
Credit: PTI File Photos
New Delhi: Chief Justice of India B R Gavai on Wednesday said he would look into the issue of community dogs' relocation, as a counsel claimed that there are conflicting directions issued by different benches of the Supreme Court.
“I will look into this," the CJI said, when the matter relating to stray dogs was mentioned before a bench led by him.
Advocate Nanita Sharma said two benches of the apex court have passed different orders on the issue.
“This is with regard to the community dogs issue. There is an earlier judgment of this court, of a bench of Justices J K Maheshwari and Sanjay Karol, which says there cannot be indiscriminate killing of canines and that compassion for all living beings has to be there,” the lawyer said.
She also referred to the recent order passed by a bench of Justices J B Pardiwala and R Mahadevan when the court had ordered relocation of the stray dogs in Delhi to shelters and another order passed by Justice J K Maheshwari-led bench in May 2024, whereby the petitions relating to the stray dog issue were relegated to the respective High Courts.
Justice Maheshwari had said, “Under all circumstances, there cannot be any indiscriminate killings of canines and the authorities have to take action in terms of the mandate and spirit of the prevalent legislation(s) in place”.
The counsel mentioned the petition filed by an organisation named Conference for Human Rights (India), challenging a Delhi High Court's order in its PIL seeking directions for sterlisiation and vaccination of community dogs in Delhi as per the Animal Birth Control (Dogs) Rules.
The High Court in August 2023 had disposed of the PIL without issuing any specific directions, after recording satisfaction with the steps taken by the authorites.
The NGO challenged the High Court order in July 2024 on which the notice was issued.
On August 11, the court took a stern view of stray dog menace and ordered the Delhi-NCR to start removing stray dogs from all localities within eight weeks and house them in dedicated dog shelters to be set up by civic authorities.
It said that all localities should be made free of stray dogs and there should not be any compromise, while making it clear that no captured animal will be released back on the streets.
It also ordered contempt proceedings against any individual or organisation that attempts to obstruct the authorities from carrying out the capture drive.
The court passed the order in a suo moto proceedings initiated by it on the basis of a media report on the growing menace of stray dog attacks leading to rabies.