In a significant development addressing the escalating conflict between public safety and animal rights, the Supreme Court on Tuesday issued a stern warning to state governments, indicating that they would likely be held financially liable for failing to prevent stray dog attacks that result in injury or death to vulnerable groups such as children and the elderly.
The apex court also took a firm stance on the role of animal lovers, observing that those who feed stray dogs must assume accountability for the animals. The bench suggested that such care should be administered within private premises rather than in public spaces where the animals might pose a threat to the general public.
State Liability for Inaction
The observations were made by a three-judge special bench comprising Justices Vikram Nath, Sandeep Mehta, and N.V. Anjaria. Justice Nath, addressing the gravity of the issue, orally remarked that the judiciary is inclined to fix liability on the state for its inaction in curbing the menace.
The Justice indicated that for every instance of a dog bite resulting in death or injury to children or senior citizens, the court is likely to mandate that the state pay substantial compensation for its failure to act.
Accountability for Dog Feeders
The bench was equally critical regarding those who feed stray dogs in public areas. Justice Nath emphasized that if individuals wish to feed dogs, they must also bear the responsibility for their actions and the animal’s behavior.
He questioned why stray dogs should be allowed to roam freely, biting or intimidating pedestrians. The Justice proposed that if people want to feed these animals, they should take them into their own homes rather than leaving them to loiter in public spaces.
Court Dismisses Submissions as Unrealistic
The hearing involved a batch of pleas, including those from animal rights activists seeking modifications to earlier court orders, as well as petitions demanding stricter enforcement of existing directions to curb the stray menace.
During the proceedings, the bench refused to entertain specific allegations regarding the harassment of women dog feeders and caregivers. The court clarified that such matters fall under the domain of law and order, and affected individuals should file First Information Reports (FIRs) with the police. The bench also declined to consider claims about derogatory remarks made against women during the ongoing debate.
The judges noted that several submissions made by animal rights groups appeared to be disconnected from the ground reality, pointing to the existence of numerous videos documenting vicious attacks by stray dogs on vulnerable citizens.
Ongoing Directives and Non-Compliance
The court flagged widespread non-compliance by civic bodies regarding previous orders. It highlighted that the danger is not limited to bites; stray animals are also a major cause of fatal road accidents.
However, the bench clarified that it had never ordered the wholesale removal of all stray dogs from the streets. Instead, its directions were strictly limited to the treatment of stray canines in accordance with the Animal Birth Control (ABC) Rules.
This hearing follows a specific directive issued by the Supreme Court on November 7, where it noted a disturbing increase in dog bite incidents. At that time, the Court ordered that stray dogs in institutional areas—such as schools, hospitals, and railway stations—be relocated to designated shelters after due sterilization and vaccination. Crucially, the court had directed that dogs picked up from these sensitive locations should not be released back to the same spots.
Furthermore, the authorities were directed to ensure the removal of cattle and other stray animals from state highways, national highways, and expressways to prevent accidents.
Background of the Case
The Supreme Court is currently hearing this matter as a suo motu case, which was initiated on July 28 last year. The judicial intervention came following a spate of media reports highlighting severe stray dog attacks in the national capital, particularly those leading to rabies infections and deaths among children.
