Supreme Court’s Stray Dog Removal Order Sparks Debate, CJI Gavai Says Will Look Into It: Report

Chief Justice of India (CJI) B R Gavai on Wednesday (13 August) assured that he will look into the recent controversy over Supreme Court order concerning removal of stray dogs from Delhi streets, Bar and Bench reported.

The matter was mentioned before CJI Gavai by an advocate who took objection to an order passed by the apex court on 11 August directing removal of all stray dogs.

The Supreme Court’s recent directive ordering the removal of all stray dogs from Delhi-NCR within eight weeks has triggered strong reactions.

The court instructed that the animals be housed in shelters “to be created by appropriate authorities.”

Delhi currently lacks permanent lifetime-care shelters for strays and has only 20 animal birth control (ABC) centres, which can temporarily house 4,000-5,000 animals.

"This is with regard to community dogs issue...There is an earlier judgment of this court which says there cannot be indiscriminate killing of canines of which Justice Karol was a part of. It says compassion for all living beings has to be there," advocate Nanita Sharma was quoted as saying by Bar and Bench.

She also warned that the 11 August order could worsen diseases in shelter homes, risking transmission to humans.

She urged the CJI to have the matter listed so the Court can decide whether to resolve the conflict, possibly by referring the issue to a larger bench

"But the other judge bench has already passed orders. I will look into this," CJI Gavai said.

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The Supreme Court order on the removal of dogs has divided opinion.

Supporters welcomed the removal of canines from the streets as a “relief,” while critics labelled it “illogical,” warning it could worsen human–dog conflicts.

The bench also directed contempt proceedings against anyone obstructing the removal drive and criticised the ABC Rules, which require sterilised dogs to be returned to their original location.

Calling the rule “unreasonable and absurd,” the court observed, “Whether sterilised or not, society must feel free and safe. You should not have any stray dog roaming around.”

According to the lawyer who mentioned the matter, these directions conflicted with a Supreme Court judgment of 9 May 2024, delivered by Justices Maheshwari and Karol, which reaffirmed that “under all circumstances, there cannot be any indiscriminate killings of canines.” 

That ruling required authorities to act in line with the “mandate and spirit” of the law, emphasising compassion as a constitutional value, and allowed future disputes to be taken to constitutional courts or forums.

Also Read: Madras HC To Issue Orders On Stray Animal Petitions After Studying SC’s Street Dog Guidelines