CJI BR Gavai to Examine Plea Challenging SC’s Order to Relocate Stray Dogs from Delhi-NCR

A plea concerning the relocation of stray dogs was mentioned before Chief Justice of India BR Gavai’s bench. CJI Gavai said, “I will look into it.”

On Monday, the Supreme Court had ordered that all stray dogs in Delhi-NCR be picked up within eight weeks and housed in shelters to be created by appropriate authorities.

The order has sparked sharp reactions — with some hailing the directive to remove the canines from Delhi-NCR streets within eight weeks as a welcome “relief,” while others condemn it as “illogical” and caution it could escalate human-dog conflicts.

The matter was brought before the Chief Justice on Wednesday morning, along with a reminder of an earlier court order that prohibited the relocation or killing of stray dogs and required adherence to existing laws and regulations on their treatment.

“I will look into this,” the Chief Justice said, offering a glimmer of hope to thousands of animal lovers who oppose the top court’s directive to remove dogs from the streets of Delhi-NCR.

The court also directed that contempt proceedings be initiated against anyone obstructing the removal drive, while sharply criticising the Animal Birth Control (ABC) Rules, which mandate the return of sterilised dogs to their original locality. Calling this requirement “unreasonable and absurd,” the bench remarked, “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 ruling from May 9, 2024, in a long-standing set of petitions examining the overlap between the Prevention of Cruelty to Animals Act, 1960, the Animal Birth Control Rules, and state municipal laws.

In that judgment, the bench of Justices Maheshwari and Karol had closed the proceedings after the enactment of the Animal Birth Control Rules, 2023, but had explicitly reaffirmed that “under all circumstances, there cannot be any indiscriminate killings of canines.” It further held that authorities must act in line with the “mandate and spirit” of the prevailing legislation, underscoring that compassion for all living beings is a constitutional value. The court had also noted that any future disputes could be brought before the appropriate constitutional courts or forums.