When society is stripped of compassion, tyranny reigns, says an advocate on Supreme Court's order of relocating community dogs to shelters

Speaking to us on Supreme Court's order of relocating community dogs to shelters, Chandigarh based advocate Siddharth Arora says that this attempt to strip lessons of coexistence has not gone down well with compassionate citizens, especially the youth of this country. Excerpts from a conversation with Siddharth. "'The court's orders coupled with the cruel manner of capturing dogs by municipalties, have created angst and indignation"

The memory of 2025 is not a happy one. India’s Supreme Court which had a rich history of compassionate jurisprudence was stained by a self casted blot via its own order dated 11.08.2025 and 07.11.2025 passed in case- Suo Moto Writ Petition (Civil) 5 of 2025. The orders of the court coupled with the rounding up of community dogs by the state in a cruel manner have created an atmosphere of angst and indignation, especially amongst the youth population which represents India’s future and advocates for co-existence."


Background

A bench of Justices Pardiwala and Mahadevan took suo-moto cognizance solely based upon of a news report titled - “City Hounded by Strays, Kids Pay Price” dated 28.07.2025 wherein it was claimed that around 2000 dog bite cases occur everyday in Delhi. On 11.08.2025, the court had directed the local authorities in Delhi-NCR to forthwith round up all community dogs and relocate them permanently to shelters. The court had stated that the exercise of rounding up and creation of well-equipped shelters with shall take place simultaneously.

Subsequently, the nation witnessed large scale protests from all quarters in the country and the then CJI B.R Gavai constituted a 3 judge bench of the court. On 22.08.2025, the court recognising the harsh nature of the directions, lack of infrastructure and prevailing framework of the law, modified and supplemented the directions. The court held that all community dogs must be released back post sterilisation to their natural territory, except rabid and aggressive dogs. The court also extended the scope of the matter and impleaded all states, while calling upon compliance reports vis-a-vis the Animal Birth Control Rules 2023. Designation of feeding spots was also directed by the court.

On 07.11.2025, the court while acknowledging the significant deficiency in compliance to ABC Rules by the state and media reprots claiming rise in dog bites, had directed the shifting of community dogs from 5 specific institutional areas- schools, sports stadiums, hospitals, bus stands and railway stations to designated shelters.

"Order is erroneous on legal, scientific and social counts"

Legal & Scientific

The legal framework apropos the subject matter consists of - (i) The Constitution of India, (ii) The Prevention of Cruelty to Animals (PCA) Act 1960 and (iii) Animal Birth Control Rules (ABC) 2023. Article 48-A mandates the state to take affirmative steps apropos the preservation of animals. Article 51-A(g) imposes a duty on each citizen to demonstrate compassion towards animals. This provision is based upon the principle that India, the land of diverse cultures speaks with one voice that cruelty to any living being will not be tolerated. Article 51-A(h) recognises the importance of scientific temper, which includes not to be swayed by any misinformation or slanted narratives. The Supreme Court of India has extended the scope of Article 21 (right to life & liberty) to animals including community dogs via its landmark judgement in AWBI v A Nagaraja & Others- (2014) 7 SCC 547. Furthermore, on account of animals being voiceless, the law was evolved towards recognising the state as loco parentis. Section 3 of the PCA Act imposes a duty upon the state and indiviudal to take care of the animals and prevent the infliction of pain upon the non-vocal souls. The Animal Welfare Board of India (AWBI) has been established for the promotion of animal welfare and prevention of animal cruelty vide Section 4 of the PCA Act. Section 11 of the PCA Act makes animal cruelty a criminal offence.

The Union of India in pursuance to its power under Section 38 of the PCA Act had promulgated the ABC Rules 2001 which were updated in 2023. These rules are based on the concept of Capture, Sterilise, Vaccinate and Release (CSVR). This concept is approved and affirmed by the World Health Organization & World Organization for Animal Health. Bhutan, Sri Lanka and our own states like Goa are examples where full implementation of these rules have led to co-existence and eradication of rabies. Cities like Dehradun and Jaipur are also living examples.ABC Rules 2023 serve the interest of societal welfare which has 3 dynamics- management of dog population, reduction of man-animal conflict and co-existence. These rules provide a comprehensive framework ranging from implementation & awarness about ABC program to dealing with cases of dog bites which includes confining furious and rabid dogs in care homes to extending care and shelter towards community dogs. Rule 11 of the ABC Rules imposes a bar on permanent relocation of community dogs. This rule has been incorporated keeping in mind the territorial nature of dogs, human welfare and animal behaviour.

The Supreme Court’s order dated 07.11.2025 to the extent of explusion of dogs is flawed and with all demureness marks a dark day in its very own rich history of compassionate jurisprudence. At first, the entire case (including the interim order 07.11.2025) is based upon a media report published by a trainee journalist and non-verified figures of dog bites in India. For a matter of fact, even monkey bites or rat bites or pet dog bites are counted as “community dog bites” in majority of government hospitals. Each of the 5-7 doses of rabies injection is treated as a dog bite and in some cases mere licking of a dog or a small scratch caused on the human skin by a playful dog’s paws is treated as a dog bite. Also, there is no differentiation between provoked and unprovoked bites. Numbers are also inflated by low-ranked government officials posted at public hospitals so as to get more funding for anti-rabies vaccine. Therefore, the angle of corruption also is there. The court which has several times warned against misleading-fudged data qouted in media reports, itself fell prey. It is imperative to let the readers know that India’s press ranking is 151 out of 180 countries as per the World Press Freedom Index 2025. The Supreme Court of India as the highest court in our constitutional hierarchy is bound to follow the law of the land which includes rules or delegated legislation. The court profoundly fell short of its duty and while directing the removal of community dogs from institutions violated Rule 11(19) of the ABC Rules 2023. In other words, the rectification which the court did in its order dated 22.08.2025, was expelled by its own self. The court while noting the yawning gap holes with respect to the implementation of the law by the state, instead decided to shift the entire burden on the mute spectators i.e. voiceless. This lead to the state acting with impunity- round up the voiceless and dump them in constrained caged spaces in a cruel manner. The correct approach by the court should have been to oversee the implementation of the law by the state and in case of shortcomings take action against the erring officials. Furthermore, what taints the order with illegality is the violation of the principle of audi-alteram partem. The court while passing its directives on 07.11.2025 didn’t afford an opportunity of hearing to the legion defenders of voiceless who had deposited INR 2,00,000 to be heard. This has resulted in a complete mockery of the justice system and scientific temper.

Social

The Supreme Court has also ignored the on-ground realty that community dogs being dependent on the citizens, are mostly friendly and the benefits which they provide ranging from security to companionship to therapy. There is a reason why a dog is known as man’s best friend. Furthermore, India is bereft of the infrastructural capacity and dedicated funding to permanently house community dogs and take care of them. The reason for this is simple- in a country which even after 78 years of independence is not able to provide housing for its population, to do so for the non-vocal beings is a utopian idea. Few government shelters which are in existence, are places of dross; stink; and a death knell for the animals. The court has also turned a blind eye towards the rise in cases of cruelty versus the voiceless and the inadequate punishment which the law provides ranging from INR 10 to INR 100. Such reports/incidents never get reported or published in the national media and even the state has a lackadaisical attitude towards dealing with animal cruelty. As a result, a large number of such cases remain suppressed and only a slanted narrative about dogs being a threat to public safety is presented. At this stage, what again drives the attention of the author towards the media (whose freedom ranking is given in the preceding segment) is that it has been since the last 8-9 months publishing everyday false and exaggerated accounts of dog bites with sensational headlines. When a rational mind consumes such information daily with images of dogs growling, fear steps in and hatred overpowers the trio of realty, scientific temper and compassion. In addition, at a time when the country is being riddled with inflation; unemployment amongst youth; income inequality; paper leak scams; environmental degradation; corruption; declining press freedom; and increasing executive interference, the subject of dogs serves as a perfect distraction tool for the ruling class. There is a historical context also to the subject matter of community dogs and as to why the media depicts Indies as a menace. This was recognised by Justice J.R Midha in his judgment- Maya D Chablani v Radha Mittal & Ors dated 24.06.2021, wherein he underscores that the British while disparaging Indian culture also targeted community dogs. This is the reason why Indies are referred to as stray as well and the word menace is attached to them. While, the law has abandoned the word stray and grants these voiceless their due of recognising them as assets of the community (Rule 7 ABC), it is jarring that the discrimination and loathe against these dogs still prevails in the land of Mahatama and Nanak. This discrimination has, as it seems, penetrated some of the current judges and politicians at the highest level in our nation.



Way forward

He says, "The only way forward is co-existence. Co-existence is a constitutional principle which incorporates both the welfare of humans, animals and our green space. It represents the order of the nature. The state which itself has endorsed its commitment to the ABC Rules 2023 needs to implement the same in letter and spirit. Aid from legion compassionate citizens and animal welfare organisations which are already working on-ground to sterilise the voiceless and promote co-existence can be roped and a public-private partnership model can be developed. The state via its resources needs to reinstill the general public with messages about compassion, co-existence and harmony, just as it used to do so before.

The media (especially national media) needs to cease forthwith the planting of slanted narratives and portraying dogs as a menace. It should sincerely adhere to the Norms of Journalistic Conduct of 2022 wherein both sides of the story are reported and sensational headlines need to be discareded away with. Next, news containing unverified/fictional accounts or paid versions need to be eschewed. Cases of animal cruelty which often do not make up the news, should be published and reported after due compliance by the media.

With respect to the judiciary, especially the Supreme Court, urgent steps are required for the restoration of balance of scales. Judges as men of law should not be swayed by media reporting and should always base their decisions upon verified data and the true factual matrix. The courts should realise they have a solemn duty under the constitution which extends to the voiceless as well. The Supreme Court who until 11.08.2025 was a messiah for the voiceless, by criminalizing compassion and targeting the voiceless, is now being viewed by the citizens the satan. The Supreme Court needs to restore its credibility by reverting to its own rich history of compassionate jurisprudence and modify its 07.11.2025 order by directing release of all dogs picked up from institutional areas so that the order aligns itself with the mandate of law. I sincerely hope the esteemed court will rectify its error.

Educational institutions which had always inculcated compassion in the younger generation and taught about human-animal interaction /behaviour need to continue to do the same. This is extremely important in today’s times where children are extremely gullible and can be mislead by false propagandas. Parents too need to step in and educate children about how easy it is to live in an environment which includes- humans, community dogs and green spaces. Rather than teaching a child that a dog will bite, tell your child that a dog is man’s forever companion.

For the remaining of us, as citizens of India we should remember that every act of compassion and kindness of ours leads to a happy society. Dogs need us and we need them too. Let us drive our inspiration from Sir Ratan Tata.

So, let us all come together as One India and choose compassion and knowledge over hatred and fear, also not to forget scientific temper over propaganda. In a country which shuns compassion, progress can never take place and Viksit Bharat 2047 will remain illusory forever."