Stray Dogs Case : Supreme Court Summons Chief Secretaries Of States/UTs For Not Filing Compliance Affidavits On ABC Rules

In the Stray Dogs matter, the Supreme Court today summoned the Chief Secretaries of all States/Union Territories, except West Bengal and Telangana, for not filing affidavits regarding the steps taken by them to implement the Animal Birth Control Rules.

On August 22, the Court had directed the States/UTs to file the compliance affidavits. Today, the bench of Justice Vikram Nath, Justice Sandeep Mehta and Justice NV Anjaria noted that only West Bengal, Telangana and the Municipal Corporation of Delhi had filed the compliance affidavits. Hence, the Court directed the Chief Secretaries of the defaulting States/UTs to appear next Monday to explain why compliance affidavits were not filed. The Court also noted that there was no representation on behalf of the defaulting states during the hearing.

Expressing dissatisfaction at the development, Justice Vikram Nath said that the Court had issued notices to all States/UTs and the order was also widely reported.  

"Continuous incidents are happening and the image of the country is being shown as down in the eyes of foreign nations. We are also reading news reports," Justice Nath said.

The judge also specifically asked Additional Solicitor General Archana Pathak Dave as to why the Government of National Capital Territory of Delhi had not filed a compliance affidavit.

"Why NCT has not filed affidavit? Chief Secretary to come up with explanation...otherwise cost may be imposed and coercive steps will be taken...notices were issued to all states/UTs...your officers don't read newspapers or social media? Everyone has reported this...Once they are aware, they should come forward! All Chief Secretaries to remain present on November 3, else we will hold the Court in auditorium," Justice Nath said.

The Court was hearing the suo motu case titled "In Re : City Hounded By Strays, Kids Pray The Price".

To recap, on August 11, a 2-judge bench of the Court passed directions for Delhi government authorities to relocate the dogs to shelters while barring their release. These were extended to authorities of Noida, Gurugram and Ghaziabad as well. However, the matter was subsequently shifted to a 3-judge bench which, on August 22, stayed the directions being of the view that prohibition on release of treated and vaccinated dogs seemed "too harsh". The scope of the matter was expanded to pan-India, with the bench clarifying that stray dogs that are picked up by authorities shall be released back after treatment/vaccination in the very same area, in terms of ABC Rules. Exception however was carved for dogs infected with rabies, suspected to be infected with rabies and those exhibiting aggressive behavior.

Background

On July 28, a bench of Justice JB Pardiwala and Justice R Mahadevan took suo motu cognizance of the stray dog issue based on a Times of India report titled "In a city hounded by strays, kids pay price".

On August 11, the bench expressed serious concerns about the menace of dog bites/rabies and passed directions for Delhi government authorities to relocate the dogs to shelters while barring their release. The bench ordered the authorities in the National Capital Territory of Delhi to immediately start picking up stray dogs from all localities and shift them to dog shelters. The directions also extended to Noida, Gurugram and Ghaziabad.

At the same time, the Court warned that if any individual or organization obstructed the authorities from picking up stray dogs, they would face legal consequences. The authorities can create a dedicated force to pick up the strays, the Court clarified.

In a dramatic turn of events, on August 13, the suo motu case relating to stray dogs, in which the August 11 directions were passed by Justice Pardiwala-led bench, was shifted to a 3-judge bench led by Justice Vikram Nath, after some lawyers mentioned before CJI BR Gavai that those directions were in conflict with the previous orders passed by other benches.

On August 14, the 3-judge bench heard the matter and reserved order on whether to stay the August 11 directions. On August 22, it stayed the directions issued by Justice Pardiwala-led bench and opined: "direction given in the order dated 11th August, 2025, prohibiting the release of the treated and vaccinated dogs seems to be too harsh".

On the basis of Rule 11(9) of the ABC Rules, the bench clarified that stray dogs, which are picked up, must be released back to the same area from where they were picked up, after sterilization, deworming and immunization, except those dogs which are infected with rabies, suspected to be infected with rabies or are exhibiting aggressive behaviour.

The bench also ordered a prohibition on public feeding of stray dogs and directed the creation of dedicated feeding spaces. Further, it reiterated the direction in the August 11 order that no individual or organization should obstruct the municipal authorities from picking up the dogs in terms of the ABC rules.

Moreover, the bench expanded the scope of the matter beyond Delhi-NCR and extended it pan-India. All States and UTs, Secretaries of Animal Husbandry department, Secretaries of local bodies and municipal corporations were impleaded to ensure the compliance with the ABC Rules. The bench also said that it will transfer to Supreme Court similar petitions pending in High Courts to formulate a national policy on the issue.

Case Title: IN RE : 'CITY HOUNDED BY STRAYS, KIDS PAY PRICE', SMW(C) No. 5/2025