Streets Dogs Picked For Sterilisation Can't Be Impounded Indefinitely, Must Be Returned To Same Spot As Per Rules: P&H High Court

The Punjab and Haryana High Court has ruled that street dogs picked up for sterilisation cannot be impounded indefinitely and must be released back to the same location from where they were taken, in accordance with the Animal Birth Control Rules, 2023 (2023 Rules) .

Justice Kuldeep Tiwari said, "the local authorities, have the power to keep the street dogs in the impounding compound, however, it does not empower them, to keep the dogs for an indefinite period."

Therefore, the Court opined that the impugned directions passed by Sub-Divisional Officer to release the stray dogs in case very well passed in consonance with the Rules of 2023, and there is no violation of any Bye-laws of 2005.

However, it clarified that in the event of any complaint regarding the menace of street/stray dogs, the petitioner-RWA, would be at liberty to approach the local authorities, or any other authority concerned, in terms of the provisions of Rules of 2023, for redressal of its grievance.

Gurugram's Resident Welfare Association, Taksila Heights had filed the plea challenging the order of SDO directing to shift back the stray dogs to the Society, after vaccination/sterilization, the place from where they were captured.

In 2022, a stray dog bit an eight-year-old child in the society. Following complaints from her parents and other residents, an NGO captured six stray dogs, for what it described as safe-keeping and welfare.

The Court found that the NGO acted without authority under the Animal Birth Control Rules, 2023, as only the local authorities could authorise such action, and that too after complying with requirements like giving public notices, maintaining records, and ensuring the dogs were released back to the location they were picked from.

None of these mandatory steps were shown to have been followed, which also led to the registration of an FIR in the matter, the Court observed.

Furthermore, rejecting the RWA's plea, the Court referred to Rule 11, "which deals with capturing of dogs for the purpose of sterilization or immunization or release, also mandates to release the dog back to its original place from where it was capture"

Perusing the impugned letter, the Court found, "that the specific directions were issued to the Chief Medical Officer to release the captured street/stray dogs only after they being vaccinated/sterlized. Further, as narrated above, the dogs were captured way back on dated 24.09.2024, and they were ordered to be released, vide impugned communication dated 19.05.2025."

However, in the light of the provisions, referred to above, they ought to have been released after 10 days of their seizure, meaning thereby, the communication, should have been passed much prior, it added.

Mr. Ishaan Bhardwaj, Advocate, for the petitioner.

Mr. Bhupender Singh, Additional A.G., Haryana.

Title: Resident Welfare Association, Taksila Heights Sector 37-C, Gurugram v. State of Haryana and others

Click here to read/download the order