Judicial Views on Killing Stray Dogs

Source: The post judicial views on killing stray dogs has been created, based on the article “Court shifts the tide on stray dog policy” published in “The Hindu” on 8th August 2024

UPSC Syllabus Topic: GS Paper 2 – Issues Relating to Development and Management of Social Sector/Services relating to Health.

Context: The article discusses a Supreme Court ruling that prohibits indiscriminate killing of stray dogs by municipalities. Instead, the court mandates sterilisation as the humane and effective solution, aligning with the Prevention of Cruelty to Animals Act and new Animal Birth Control Rules.

For detailed information on the Issue of Stray dogs in India read this article here

What Was the Case About?

1. The case was between the Animal Welfare Board of India and People for Elimination of Stray Troubles.
2. It focused on whether local authorities could kill stray dogs to reduce their population, prevent rabies, and avoid conflicts.
3. State and Municipal laws allowed the killing of stray dogs, while Central law (Prevention of Cruelty to Animals Act, 1960) prohibited it.

What Are the Judicial Views on Killing Stray Dogs?

1. High Court Rulings: The High Courts of Bombay, Karnataka, and Himachal Pradesh allowed local authorities to kill stray dogs. The Kerala High Court opposed this, supporting the Central law.
2. Supreme Court Rulings: The Supreme Court ruled that municipalities cannot kill stray dogs indiscriminately. They must follow the Prevention of Cruelty to Animals Act, 1960, and the new Animal Birth Control Rules, 2023, which advocate for sterilization over killing. This decision was uploaded on July 12, following the final hearing on May 9.

What Does Science Say?

The WHO’s 2004 report and a 2014 report by the Bombay Municipal Corporation supported sterilisation as effective. Killing 4.5 lakh dogs between 1984-1994 in Bombay did not reduce the population.

What Does This Mean for the Future?

1. The ruling emphasizes compassion and responsibility towards living beings as mandated by Article 51A(g) of the Constitution.
2. It reflects a shift towards more humane treatment of animals, advocating for sterilization as the only scientific and humane method to control the stray dog population.

3. The court suggests that those opposing the ruling can challenge the new rules in the High Courts.

Question for practice:

Discuss how the Supreme Court ruling on stray dogs aligns with the Prevention of Cruelty to Animals Act and the new Animal Birth Control Rules.