Key Judicial Ruling on Stray Dog Management

The Supreme Court of India has authorized civic authorities to employ euthanasia for rabid, incurably ill, or aggressively dangerous stray dogs in compliance with the Animal Birth Control (ABC) Rules, 2023.

Key Directives Issued

Ban on Street Feeding

  • The bench upheld its previous directives banning the feeding of stray dogs on public streets
  • Local bodies are required to allot dedicated feeding spots for stray dogs instead

Constitutional Rights Considered

  • Article 21 (Right to Life): Casts an affirmative, non-negotiable duty on the State to secure citizens against threats to life and safety arising from stray dog attacks
  • Article 19(1)(d): Guarantees citizens' right to move freely; unchecked stray dog populations in public spaces can violate this fundamental right
  • Article 51A(g): Animal welfare groups relied on this constitutional provision which places a fundamental duty on citizens to show compassion towards living creatures

Mandatory ABC Infrastructure

  • Every State and Union Territory must establish at least one fully functional ABC centre in each district
  • Centres must have surgical facilities, supporting logistics, and trained veterinary personnel

Public Area Clearance

  • Strict implementation of removal of free-ranging dogs from:
  • Public utilities
  • Schools
  • Hospitals
  • High-density transit zones

Public Health Response

  • States must ensure unhindered and adequate availability of anti-rabies vaccines and immunoglobulin across all government healthcare facilities

Highway Safety

  • National Highways Authority of India (NHAI) directed to formulate time-bound mechanism using specialized transport vehicles to safely relocate stray cattle and animals from national highways and expressways

Legal Immunity

  • Administrative officers granted protection from FIRs or criminal proceedings for bona fide actions under these directives
  • Exception: unless prima facie case of malice or gross abuse of authority is established

Animal Birth Control (ABC) Rules, 2023

  • Issued under the Prevention of Cruelty to Animals Act, 1960
  • Sterilisation and anti-rabies vaccination are the primary methods to control stray dog populations
  • Dogs must be released back into the same locality after sterilisation (territorial nature recognized)
  • Does not permit indiscriminate killing or relocation
  • Euthanasia allowed only in limited situations involving rabid, terminally ill, or fatally injured animals

Background: Institutional Failure

The judgment noted continuous institutional failure at municipal level to implement Animal Birth Control Rules since 2001, which allowed the free-roaming dog population to swell significantly.