The Delhi High Court has directed the Central government to take necessary steps to finalise a Standard Operating Procedure (SOP) governing the use of service dogs by persons with disabilities (PwDs). The court also considered proposals for a registration system, special identification collars and safety measures for service dogs entering crowded public places.
A bench of Justice Dinesh Mehta and Justice Aditi Choudhary, in its October 6 order, expressed the expectation that the SOP would be finalised before the next hearing on January 7, 2027.
The directions came in a public interest litigation filed by the Dhananjay Sanjogta Foundation, which raised concerns about the difficulties faced by persons with disabilities in dealing with stray animals and the absence of a regulatory framework facilitating the use of service animals in India.
Registration Numbers and Special Collars Suggested
During the proceedings, the court considered suggestions aimed at making service dogs easily identifiable to members of the public and security personnel.
One proposal called for maintaining an official register of service dogs and assigning a unique registration number to each animal. Another suggested that service dogs should wear collars of a distinctive, predetermined colour to distinguish them from other dogs.
The hearing also saw a suggestion that service dogs be muzzled when accompanying their handlers to crowded locations, including shopping malls, cinema halls and hospitals, to maintain public peace and harmony.
Rajesh Gogna, appearing for the respondents, informed the court that the draft SOP had already been placed before it and that objections and suggestions had been invited from the public and other stakeholders.
He assured the bench that the additional proposals discussed during the hearing would be forwarded to the authorities concerned for consideration and possible incorporation into the final SOP.
Court Seeks Action on Grievances of Persons with Disabilities
The High Court directed the authorities concerned to take the necessary measures to address the grievances raised by the petitioner foundation.
The bench observed that finalising the SOP would facilitate the use of service dogs by persons with disabilities and assist them in their movement and daily travel.
The matter has been listed for further consideration on January 7, 2027.
Petition Highlighted Risks Posed by Stray Animals
The proceedings originated from a PIL filed by the Dhananjay Sanjogta Foundation in 2024 challenging the Animal Birth Control Rules, 2023.
The foundation argued that the rules, notified by the Central government on March 10, 2023, did not adequately account for the particular risks faced by persons with disabilities during encounters with stray animals.
Advocates Rahul Bajaj, Amar Jain and Sarah, representing the foundation, submitted that visually impaired individuals were especially vulnerable because stray dogs could perceive their white canes as threatening objects.
According to the petitioners, white canes may resemble sticks commonly used to drive away stray animals, potentially provoking aggressive responses from dogs.
They further argued that visually impaired persons may find it difficult to detect an approaching threat or defend themselves during an attack because of restrictions on their mobility.
The foundation also highlighted the challenges faced by persons with locomotor disabilities, hearing impairments, speech impairments and mental illnesses in protecting themselves against attacks by stray animals.
The petition referred to the substantial stray animal population in Delhi and other parts of India, alleging that inadequate vaccination, sterilisation and management had increased safety concerns, particularly for elderly persons and people with disabilities.
Absence of Framework for Service Animals Raised Before Court
The foundation also pointed out that persons with disabilities in several other jurisdictions rely on service and therapy animals for assistance in their daily lives.
However, it argued that India lacked an enabling framework permitting persons with disabilities to effectively use such animals, placing them at a disadvantage compared with individuals receiving similar assistance elsewhere.
During an earlier hearing on November 18, 2024, the Delhi High Court had directed the Department of Animal Husbandry and Dairying and the Department of Empowerment of Persons with Disabilities to examine the possibility of establishing a framework for the safe, effective and non-discriminatory use of service animals in India.
Following those directions, the Union Department of Animal Husbandry and Dairying and another respondent submitted a draft SOP concerning service dogs assisting persons with disabilities.
The court has now sought progress towards finalising that framework, with the authorities expected to consider stakeholder feedback and the additional suggestions placed before the bench.
