The Supreme Court's suo motu case concerning the issue of stray dogs in Delhi-NCR has been reassigned to a three-judge bench, set to convene on August 14. This decision follows a prior order from a two-judge bench on August 11, which directed the relocation of stray dogs in Delhi-NCR to shelters.
The newly formed bench comprises Justices Vikram Nath, Sandeep Mehta, and NV Anjaria. The Chief Justice of India (CJI), BR Gavai, stated he would review the matter after an advocate pointed out conflicting directives from different Supreme Court benches. Advocate Nanita Sharma highlighted that previous orders on the stray dog issue differed, prompting the need for clarification.
Earlier, the bench of Justices Pardiwala and R Mahadevan had taken a firm stance on the stray dog problem, mandating the removal of stray dogs from Delhi-NCR within eight weeks and their placement in shelters established by civic bodies. This directive was based on a Times of India report titled "In a city hounded by strays, kids pay price," which brought the issue to the court's attention on July 28.
The Supreme Court has directed civic bodies to establish shelters with a capacity of 5,000 dogs within eight weeks, ensuring humane care, sterilization, and preventing the re-release of strays. The court emphasized that stray dogs should not face cruelty, mistreatment, or starvation and should be continuously monitored. It stressed the importance of adequate feeding and staffing at shelters.
The August 11 order sparked protests, with dog lovers demonstrating against the removal of stray dogs to shelters within eight weeks. The Supreme Court's full order instructed authorities in Delhi and NCR cities like Noida, Ghaziabad, Gurugram, and Faridabad to immediately start rounding up stray dogs. The court has authorized bodies like the MCD to decide the method, stressing that there should be no lethargy. It has warned that strict action will be taken against anyone obstructing the process and has stated that "sentiments should not interfere with this process as the directions are issued in larger public interest". The court has mandated that captured dogs be placed in shelters with CCTV, proper staffing, and care, including sterilization and immunization, to prevent cruelty.
The conflicting orders stem from an earlier judgment by Justices JK Maheshwari and Sanjay Karol, which emphasized compassion for all living beings and prohibited the indiscriminate killing of canines. This was cited alongside the more recent order by Justice Pardiwala's bench, which ordered the relocation of stray dogs in Delhi to dog shelters. A prior order from May 2024, by Justice JK Maheshwari, had delegated the petitions regarding stray dogs to the High Courts.
The formation of the three-judge bench aims to resolve these conflicting orders and provide clear direction on the handling of stray dogs in Delhi-NCR. The court has acknowledged concerns about the well-being of relocated dogs, emphasizing that they should not be left unmonitored, overcrowded, subjected to cruelty, or starved. The bench will also consider fresh pleas against the rounding up of strays.