The Supreme Court has refused to recall its earlier directions for removal of stray dogs from public institutions and permitted euthanasia of rabid or dangerous dogs.
Background of the Issue
- Origin: The suo motu proceedings began in 2025 following rising public concern over stray dog attacks.
- Relevant Laws: The case involved interpretation of the Animal Birth Control (ABC) Rules, 2023 and the Prevention of Cruelty to Animals Act, 1960.
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Observations of the Supreme Court
- Public Safety: The Court held that the right to life and dignity under Article 21 includes the right of citizens to safely access public spaces without fear of dog attacks. (UPSC CSE Pre 2010, 2012, 2018, 2019, 2021, 2024)
- No Absolute Right for Stray Dogs: The court observed that stray dogs do not have an “absolute or indefeasible right” to occupy all public spaces irrespective of their use.
- Human Life Given Priority: The Court stated that when human safety conflicts with animal welfare, the constitutional balance must favour protection of human life.
- Rise in Dog-Bite: The Court referred to increasing dog-bite cases across India, including 2.63 lakh dog-bite cases in Tamil Nadu in the first four months of 2026.
- Administrative Failure: Despite nearly two decades of the ABC framework, States had failed to systematically expand stray dog management infrastructure.
Directions Issued by the Court
- Removal of Dogs: States and Union Territories were directed to remove stray dogs from educational institutions, hospitals, bus depots, railway stations and sports complexes.
- No Re-Release: Even after sterilisation and vaccination under the Animal Birth Control (ABC) Rules, dogs cannot be re-released into sensitive institutional premises.
- Animal Birth Control Centres: Establishment of at least one fully functional ABC Centre in every district with veterinary infrastructure and sterilisation facilities.
- Anti-Rabies Preparedness: States were asked to ensure adequate availability of anti-rabies vaccines and immunoglobulin in government hospitals.
- Euthanasia: Municipal authorities were permitted to adopt measures including euthanasia in cases involving:
- Rabid dogs
- Incurably ill dogs
- Demonstrably dangerous or aggressive dogs
- Veterinary Assessment: Euthanasia must be based on assessment by qualified veterinary experts.
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Animal Birth Control (ABC) Rules, 2023
- Legal Basis: The Animal Birth Control Rules, 2023 were notified under the Prevention of Cruelty to Animals Act, 1960.
- Earlier Rules: The Rules replaced the Animal Birth Control (Dog) Rules, 2001.
- Objective: To manage stray dog populations through sterilisation and anti-rabies vaccination while ensuring animal welfare and reducing human-animal conflict.
- Responsibility of Local Bodies: Municipalities, Municipal Corporations and Panchayats are responsible for implementing Animal Birth Control (ABC) and anti-rabies programmes.
- No Relocation: The Rules, in line with Supreme Court guidelines, prohibit relocation of stray dogs from their territorial areas.
- AWBI-Recognised Organisations: ABC programmes must be carried out only by organisations recognised by the Animal Welfare Board of India for Animal Birth Control activities.
- CNVR Approach: Rules align with the World Organisation for Animal Health (WOAH) standards for the Capture–Neuter–Vaccinate–Release (CNVR) approach.
- Cruelty Prevention: The Rules emphasise humane handling of animals and prevention of cruelty during sterilisation and vaccination procedures.
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20 May 2026
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