sc on stray dogs
New Delhi, May 20 -- The Supreme Court on Tuesday refused to modify its November 2025 directions ordering all states and Union territories to remove stray dogs from institutional areas such as schools, hospitals, sports complexes, bus depots and railway stations, and ruled that such dogs cannot be released back into these locations even after sterilisation.
Dismissing a batch of applications seeking recall, clarification or modification of the earlier directions, a bench of justices Vikram Nath, Sandeep Mehta and NV Anjaria held that the Animal Birth Control (ABC) Rules, 2023 do not confer any "absolute or unqualified entitlement" to re-release sterilised stray dogs into sensitive public spaces.
The court also rejected all pleas challenging the Standard Operating Procedure (SOP) issued by the Animal Welfare Board of India (AWBI) in November 2025, holding that the SOPs were consistent with both the statutory framework and the court's earlier directions.
The bench permitted legally permissible measures, including euthanasia of rabid, incurably ill or demonstrably dangerous dogs, subject to veterinary assessment and statutory safeguards.
In a 131-page judgment, the bench said the problem of stray dog attacks had assumed "deeply disturbing proportions" across the country and warned that continued state inaction would invite contempt proceedings, disciplinary action and tortious liability.
"Unchecked population of dogs has become increasingly feral, and such animals have no place in areas densely populated by human beings owing to the serious threat they pose to public safety," the court said.
The bench underlined that Rule 11(19) of the ABC Rules, which provides for re-release of sterilised and vaccinated dogs to the same locality from where they were picked up, could not be interpreted in isolation or applied mechanically to institutional areas.
"Such a provision (the ABC rule) cannot be read in isolation or expanded in a manner that would extend its application to sensitive and restricted premises such as hospitals, schools, colleges, sports complexes, transport hubs including airports and other similar institutional areas," stated the judgment.
The court held that a "harmonious and purposive construction" of the Prevention of Cruelty to Animals Act, 1960 and the ABC Rules did not support the continued presence or compulsory reintroduction of stray dogs into such spaces.
"An expansive application of Rule 11(19).would be misconceived, as it would run contrary to the scheme of the statute and may have serious adverse consequences on public safety and health," the bench said.
According to the court, the material placed on record clearly demonstrated that the presence of stray dogs in these locations had resulted in grave risks, particularly to "children, patients and the elderly".
The bench said its November 2025 directions represented a "calibrated approach" balancing animal welfare concerns with public safety and were issued in exercise of powers under Article 142 of the Constitution. "The directions issued vide order dated 7th November, 2025 were. aimed at reconciling the competing considerations of animal welfare and human safety," it held.
Rejecting the argument that the directions violated the ABC Rules, the bench said the orders neither supplanted nor overrode the statutory framework but merely "modulate and regulate its application" consistent with constitutional imperatives and practical realities.
"No principle of public policy. can be said to mandate or even contemplate the continued presence of stray dogs within such institutional areas," the court added.
The bench emphasised that when human safety and animal welfare concerns are weighed together, "the constitutional balance must necessarily and unequivocally tilt in favour of the preservation and protection of human life". Calling the right to life under Article 21 paramount, the court held that citizens have a right to access public spaces "without living under a constant apprehension of physical harm, attack or exposure to life-threatening events such as dog bites".
The court said the present crisis was largely a consequence of the "persistent failure" of states and municipal authorities to effectively implement the ABC framework introduced in 2001 and strengthened in 2023. "The sporadic, underfunded and inconsistent implementation of sterilisation and vaccination programmes has resulted in an unchecked increase in the stray dog population," it noted. T
he bench described the situation as evidence of "systemic administrative lapses and lethargy extending over a considerable period of time"....
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