Aug 14, 2025: In a suo motu case involving petitions for a stay of its August 11 order to immediately round up stray dogs in Delhi-NCR and transport them to dog shelters, the Supreme Court reserved its orders on Thursday. “The inaction of local authorities is to blame for the entire issue... Rules are made, but they aren't put into practice, which is causing a problem today. A three-judge bench headed by Justice Vikram Nath stated, "On the one hand, humans are suffering, and on the other hand, animal lovers want dogs to be protected." The hearing took place after CJI BR Gavai on Wednesday assigned the matter to a new three-judge Bench led by Justice Nath following widespread protests across India over the top court’s order to relocate stray dogs in Delhi-NCR. Several petitioners sought recall of the top court’s August 11 directions issued by a Bench of Justice JB Pardiwala and Justice R Mahadevan.
After hearing from Solicitor General Tushar Mehta for the Delhi Government, Additional Solicitor General Archana Dave Pathak for MCD, and senior advocates Kapil Sibal, AM Singhvi, Siddharth Luthra, Colin Gonsalves, and others for various animal rights organizations and activists, the Bench, which also included Justice Sandeep Mehta and Justice NV Anjaria, reserved its order on the issue of an interim stay. The Solicitor General made the case from the beginning that stray dogs were a problem that needed to be solved because rabies had killed a number of children who had been bitten by dogs. He continued, "It is not something to be contested." Vaccination does not prevent rabies. Even if the dogs have been immunized, that won't stop them from mutilating children. Each year, 37 lakh dogs bite people, which is about 10,000 per day on average. According to WHO statistics, approximately 20,000 people die annually from rabies, Mehta stated. “Nobody is an animal hater. Mehta stated to the Bench, "No one is saying that dogs must be killed; rather, they must be separated." “We are unable to send the children outside to play... There is a minority that is very loud and vocal and a majority that is silent and in pain. Your lordships will have to come up with a solution because I have seen people post videos of themselves eating meat and other foods and then claim to be animal lovers. Mehta stated, "In the end, the solution is not in the Rules." Terming the situation created by the court’s August 11 order as “very serious”, Sibal urged the top court to stay some of the directions, including the rounding up of stray dogs from all localities “at the earliest” and relocating them to dog shelters. “They (dogs) are part of our environment,” Sibal submitted.
"This is the first time I have heard the Solicitor General say that laws exist but must not be followed... The question is who must follow them." Have shelters been constructed by the municipal corporation and have dogs been sterilized? The money has been taken away. He stated, "There are no shelters there." Sibal stated, "They are picking up dogs, where will they (dogs) go?," pointing out that the order was issued without prior notice. Order says do not release them. This is a very serious situation, this needs to be argued in depth. My only request, this order be stayed.”
According to Singhvi, "The order really puts the cart before the horse, with the best of intentions." If the shelters existed then the directions would not be a problem… The Government in Parliament has answered that there have been zero cases of dog bites in Delhi this year.”
A bench headed by Justice JB Pardiwala issued instructions on August 11 to permanently move all dogs from the streets to shelters "at the earliest." “We are conscious and sensitive of co-existence. The idea behind co-existence is not the existence of one’s life at the cost of the other,” it said in the order released on Wednesday.
“We are at pains to take cognizance of the experiences of visually impaired persons, young children, elderly people, and people from humble background who are not able to afford even a day's meal, let alone the medical expenses,” it stated, highlighting the random attacks faced by the most vulnerable segments of society. “A virtual divide is being attempted to be created between ‘animal lovers’ and persons indifferent towards animals. However, there is still no solution to the core of the issue for every practical reason. Our hearts hurt for everyone, as a court. We condemn those who, beneath the cloak of “love and care” for the voiceless, pursue the warmth of self-congratulation. The directions given by us, as a court which functions for the welfare of the people, are both in the interest of humans as well as dogs. This is not personal,” the order released on Wednesday said.
"It is time to act now. Will all of these so-called animal lovers and activists bring back all of the children who have contracted rabies? Will they bring those children back to life? Let's take a practical view of the matter. It had stated on August 11 that "you have to act when the situation demands it," rejecting applications for intervention from animal rights activists.