Blanket Direction To Pick Up All Stray Dogs & Place Them In Shelters Can Lead To Catch-22 Situation: Supreme Court

The Supreme Court has stated that the blanket directions of the two-judge bench to relocate all stray dogs from Delhi to dog shelters/pounds can lead to a Catch-22 situation, as it is impossible to comply without first evaluating whether there is sufficient infrastructure to accommodate them.

"A blanket direction to pick up all the strays and place them in dog shelters/pounds without evaluating the existing infrastructure may lead to a catch-22 situation because such directions may be impossible to comply with."

A bench comprising Justice Vikram Nath, Justice Sandeep Mehta and Justice NV Anjaria today stayed the August 11 direction passed by a bench comprising Justice JB Pardiwala and Justice R Mahadevan that stray dogs picked up should not be released back onto the street, after they are sterilised and immunised. 

It said that the mandate to not release the stray dogs back onto the street ignores the logistical requirement to comply with it. 

"The directions given in paras 12(iii) and 12(iv) are for ensuring that the same number of stray dogs does not land back on the streets as were picked up for sterilisation and immunisation, as this would literally become a vicious circle. 

Nonetheless, one cannot be ignorant of the fact that the mandate to keep all the stray dogs, picked up from Delhi and the adjoining NCR cities, in the municipal shelters/pounds would require logistics of gargantuan proportions including manpower, shelters/pounds, veterinarians, cages and specially modified vehicles for transportation of the captured stray dogs.

It cannot be gainsaid that before any direction for impounding the entire stray dog population is given, it would be necessary to have a look at the existing infrastructure and human resources available with the municipal bodies. A blanket direction to pick up all the strays and place them in dog shelters/pounds without evaluating the existing infrastructure may lead to a catch-22 situation because such directions may be impossible to comply with."

Furthermore, the bench pointed out that there is a scientific explanation as to why, under the Animal Birth Control Rules, 2023, a sterilised and immunised stray dog is released to where it was originally picked up. 

"Firstly, the same prevents the scope of overcrowding in the dog shelters/pounds, and secondly, the picked-up stray dogs after immunisation and sterilisation are relocated to the same environment where they were living earlier, which is a compassionate treatment."

It said that the aggressive sterilisation would definitely put a curb on the rapid growth of the stray population, ultimately leading to its reduced population. The Court took note of the submissions by some counsels, appearing for animal lovers, that in towns like Dehradun and Lucknow, there has been a steady decline in the stray dogs population due to aggressive sterilisation.   

Considering all these factors, the Court noted: "Thus, the direction given in the order dated 11th August, 2025, prohibiting the release of the treated and vaccinated dogs seems to be too harsh, in our opinion."