Judicial Overreach in Stray Dog Management

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Context:

Supreme Court ordered the relocation of all stray dogs in Delhi to shelters within eight weeks, sparking debate over legality, precedent, and humane considerations.

Legal and Procedural Concerns

Contravention of Existing Laws: The order disregards the Prevention of Cruelty to Animals Act, 1960, and PCA (Animal Birth Control) Rules, 2023, which prohibit relocation of dogs and mandate scientific birth control programmes.
Violation of Judicial Precedent: The SC ignored its 2024 judgment in Animal Welfare Board of India vs People for Elimination of Stray Troubles, undermining the principle of stare decisis and weakening faith in judicial finality.
Bypassing Evidence-Based Decision-Making: The ruling lacked scientific basis, failed to assess practical implementation challenges, and overlooked amicus curiae recommendations.

Governance and Policy Failures

Failure of Local Bodies: Many local authorities have been unable to implement mandated birth control measures to control stray dog populations effectively.
Limited Vaccination Programmes: Anti-rabies vaccination coverage for stray dogs has been inadequate, leaving both human and animal health at risk.
Poor Waste Management: Inefficient municipal waste handling has contributed to the rise in street dog populations by providing easy access to food sources.

Ethical and Social Implications

Erosion of Compassion Mandate: Article 51A(g) of the Constitution obligates citizens to show compassion for living creatures; the order risks penalising humane caregivers.
Scapegoating Stray Dogs: The decision diverts attention from systemic governance failures, using street dogs as a convenient target for public anger.
Risk of Social Polarisation: Drastic measures without humane engagement can fuel polarisation and politicisation of the human-canine conflict.

Practice Question:

Critically evaluate the Supreme Court’s order on stray dog relocation in Delhi in the context of statutory provisions, judicial precedent, and ethical considerations. How should India balance public safety with animal welfare in urban governance?

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