Shift Stray Dogs To Shelters: What Are Animal Birth Control Rules That Supreme Court Called 'Absurd'?

New Delhi: The Supreme Court on Monday ordered the Delhi government and civic bodies to begin promptly removing street dogs from all neighborhoods and shift them in dog shelters. The directive comes in response to a surge in dog bite incidents and rabies-related deaths.

A bench comprising of Justices JB Pardiwala and R Mahadevan called the Animal Birth Control (ABC) Rules, 2023, "absurd". According to the rules, a street dog is picked up from a locality is sterilised and sent back to the same area.

"Pick up dogs from all localities and shift them to shelter homes. For the time being, forget the rules," the bench directed. "Immediate steps need to be taken to take care of the menace of dog bites leading to rabies," the bench ordered.

The top court said the directions are issued in the larger public interest, adding that children should not, under any circumstances, fall prey to stray dog bites leading to rabies.

Warning To Dog Lovers/ Animal Welfare Organisations

The SC also warned that if any person or organisation obstructs the authorities from picking up stray dogs, strict action will be taken against them.

Reacting to the Supreme Court order to remove all stray dogs from Delhi-NCR, Animal Activist, Adv. Gauri Mulekhi, said, "All the shelters for stray dogs in this country are run by animal welfare organizations; the government does not run any shelters for dogs. No government or local authority has permanent space, resources, or human personnel to catch and care for these dogs," Mulekhi was qouted as saying by news agency IANS.

What Are Animal Birth Control (ABC) Rules, 2023

The Central Government has notified the Animal Birth Control Rules, 2023 vide G.S.R 193(E) dated 10^th March, 2023 under Prevention of Cruelty to Animal Act, 1960 and after superseding the Animal Birth Control (Dog) Rules, 2001. The Rules have addressed the guidelines of the Hon’ble Supreme Court in the Writ Petition No. 691 of 2009 between Animal Welfare Board of India and People for Elimination of Stray Troubles. The Hon'ble Supreme Court has in various orders specifically mentioned that relocation of dogs cannot be permitted.

As per the extant Rules, Animal Birth Control programme for the sterilization and immunization of the stray dogs are to be carried out by the respective local bodies/municipalities/Municipal Corporations and Panchayats. Also, the Cruelty involved for carrying out of ABC programme need to be addressed. By effective implementation of these Rules, the Animal Birth Control programme can be conducted by the local bodies which will help in reducing the stray dog population addressing the animal welfare issues.

The Municipal Corporations need to implement the ABC and Anti Rabies Program jointly. The Rules also provides the guidelines how to deal with the human and stray dog conflicts without relocating the dogs in an area.

One of the requirements under the Rule is that the Animal Birth Control Programme needs to be carried out by AWBI recognized organization specifically recognised for Animal Birth Control programme.

The list of such Organizations will be made available on the website of the Board which will also be updated time to time. The Central Government has already issued letters to all the State Chief Secretaries, Principal Secretaries of Animal Husbandry Department and Urban Development Department. Therefore, the local bodies are requested to implement the Rules in letter and spirit and not to permit any Organizations to carry out ABC programme which are not recognized by AWBI and approved for ABC programme or otherwise elaborated in the Rules.

(Inputs from PIB)