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According to the appeal, the August 11 instruction is unrealistic, in violation of animal welfare regulations, and could result in the deaths of thousands of dogs because there are insufficient shelter facilities.
A stray dog
The top court's August 11 order ordering the removal of all stray dogs from Delhi NCR public areas and their transfer to shelters has been challenged in a plea before the Supreme Court. The argument is that the action will result in widespread animal cruelty, is nearly impossible to carry out, and won't address the issue of rabies deaths.
The newly formed three-judge panel of Justices Vikram Nath, Sandeep Mehta, and NV Anjaria will hear the case today in addition to the court's suo motu proceedings that mandated the stray dogs' disposal.
In lieu of the blanket removal plan, the petitioner has requested instructions to adhere to the Animal Birth Control Rules of 2023 and the Prevention of Cruelty to Animals Act of 1960.
The plea claims that Delhi-NCR is unable to house an estimated 3–10 lakh stray canines and that the facilities that are now in place are devoid of basic amenities, putting the caught animals at risk of abuse, neglect, and death.
The petitioner claims that the decision issued on August 11 will be a blatant violation of the Prevention of Cruelty to Animals Act and the constitutional obligation under Article 21 read with the duties in Articles 48A and 51A(g).
The plea describes the August 11 decision as "practically non-implementable" and cautions that eliminating all stray dogs would not be a long-term solution to the rabies problem because canines from other locations would only take up residence in the vacated places.
The petitioner argues that, in accordance with the Animal Birth Control Rules, mass sterilization and vaccination would be a better option than complete eradication.
See also "In the interest of humans as well as dogs": The Supreme Court's ruling on the Delhi NCR stray dog roundup
According to the petition, the August 11 order also goes against previous Supreme Court decisions that prioritized sterilisation and humane management over removal, such as Animal Welfare Board of India & Anr. v. People For Elimination Of Stray Troubles & Ors. and Swati Sudhirchandra Chatterjee & Ors.
The plea has argued that the current directive runs the risk of undoing decades of progress on animal birth control and has sought the top court to order the Municipal Corporation of Delhi to abide by the provisions of the animal welfare legislation and previous precedents
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