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SC allows euthanasia of stray dogs posing threat to human life

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As incidents of stray dog bites and attacks continue to occur across India with “alarming frequency and severity”, the Supreme Court on Tuesday, for the first time, allowed euthanasia of rabid, incurably ill or demonstrably dangerous stray dogs to curb the threat to human life.A three-judge Bench led by Justice Vikram Nath, however, made it clear that such action might be taken only after assessment by veterinary experts and strictly in accordance with the provisions of the Prevention of Cruelty to Animals Act, 1960, the Animal Birth Control Rules, 2023, and other applicable statutory protocols.The Bench, which also included Justice Sandeep Mehta and Justice NV Anjaria, refused to recall its November 7, 2025 directions that stray dogs picked up from public places such as hospitals, bus stands, schools and railway stations must not be released back to the same locations after vaccination or sterilisation.“This court cannot remain oblivious to the deeply disturbing ground realities emerging from various parts of the country where young children and elderly persons have been attacked, ordinary citizens have been left vulnerable in public places, and even international travellers have fallen victim to such incidents,” it said.The court dismissed applications seeking modification of its directions issued in November last year in a suo motu case concerning the stray dog menace. Holding that stray dogs did not possess an “indefeasible or absolute right” to occupy all categories of public spaces irrespective of their nature and use, the top court clarified that the statutory framework for humane management of stray dogs could not be interpreted as conferring a perpetual right of occupation in sensitive institutional spaces.The right to live with dignity encompassed the right to move freely without the threat of harm from dog bite attacks, it said, directing states and UTs to ensure implementation of its earlier order that dogs picked up from public places should not be returned to the same spots after vaccination or sterilisation.Ordering states and UTs to strengthen the animal birth control framework, the court said erring officials who failed to implement the directions would be liable for contempt and disciplinary action.“Article 21 necessarily encompasses the right of every citizen to move and access public places without living under a constant apprehension of physical attack or exposure to life-threatening events such as dog bites in public areas. The state cannot remain a passive spectator where preventable threats to human life continue to proliferate despite statutory mechanisms specifically designed to address them,” it said.“The Constitution does not envisage a society where children, elderly persons and vulnerable citizens are compelled to survive at the mercy of physical strength, chance or circumstance due to failure of the state machinery,” the court added.The top court directed high courts across the country to register suo motu writ petitions to monitor compliance with its directions through continuing mandamus proceedings.However, it clarified that high courts would be free to expand or tailor the scope of directions depending on local conditions and exigencies, without diluting the intent of the Supreme Court’s order.“The jurisdictional courts shall be empowered to take appropriate action, including contempt proceedings, against erring officers responsible for non-compliance, inaction or wilful disregard of this court’s directions,” it said.Issuing a fresh set of directions for implementation of its earlier orders, the court asked states and UTs to establish at least one fully functional Animal Birth Control (ABC) centre in every district, equipped with adequate infrastructure, trained personnel, surgical facilities and supporting logistics.It also directed authorities to undertake comprehensive capacity-building measures, including training personnel, augmenting veterinary services, strengthening shelter facilities and conducting vaccination drives in coordination with relevant departments.The court further asked governments to ensure adequate availability of anti-rabies vaccines and immunoglobulin in all government medical facilities and put in place an effective public health response mechanism for dog-bite cases.The Bench directed the National Highways Authority of India, in coordination with states and UTs, to formulate and implement a comprehensive and time-bound mechanism for addressing the presence of stray and other animals on national highways and expressways.This includes deployment of specialised transport vehicles for safe handling and relocation of street cattle and other animals, creation of shelter facilities, and coordination with animal welfare organisations.“No FIR or criminal proceeding shall ordinarily be initiated against officers in respect of bona fide action undertaken for implementing directions of this court, except where a prima facie case of mala fide intent and gross abuse of authority is made out,” the Bench said.

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