Remove stray animals from highways; fence hospitals, schools, colleges to tackle stray dog menace: Supreme Court

The Supreme Court on Friday directed the State governments and National Highways Authority of India (NHAI) to ensure removal of stray animals from the highways across India [In Re: “City Hounded By Strays, Kids Pay Price” Versus The State Of Andhra Pradesh].

A bench of Justices Vikram Nath, Sandeep Mehta, and NV Anjaria reaffirmed the directions issued by Rajasthan High Court for removal of stray animals from roads. The apex court today decide to extend that order to all States and Union Territories.

"We have directed that the directions issued by Rajasthan HC are reaffirmed to the extent that public works department, municipal authorities, road and transport authorities to remove cattle from highways and expressways and immediately rehabilitate them in shelters. Each authority shall constitute dedicated highway patrol team to report stray cattle on highways and other expressways. All National Highways shall have helpline numbers to report presence of stray animals. Chief secretaries of all states shall ensure strict enforcement of these directions," it ordered.

Pertinently, the Court also ordered that government and private educational, health institutions should be fenced to tackle stray dog menace and prevent stray dog bites.

Such institutions requiring fencing should be identified by States within two weeks, the Court directed.

"State governments and Union Territories shall within a period of 2 weeks identify government and private educational, health institutions and ensure that the premises are secured with fences etc to restrict the ingress of stray dogs. Management of the institutions shall designate a nodal officer for upkeep of the premises. Local municipal authorities/panchayat shall inspect such premises at least once in every 3 months," the Bench said in its order.

Stray dogs picked up shall not be released back to the same location from where they were picked up since doing so will defeat the directions issued to regulate the issue in such institutional areas, the Court added.

The Court asked the States to file status and compliance affidavits in this regard within 3 weeks from today.

The bench had earlier called for affidavits from all the States and Union Territories on implementation of the Animal Birth Control Rules, 2023. It later summoned the Chief Secretaries as majority of the States failed to comply with the order.

The officers were present before the Court on November 03; they also filed the affidavits in compliance of the earlier court order. The Court had also directed amicus curiae Gaurav Agarwal to prepare a compilation and summary of the affidavits for consideration on the next date.

Today, the Court directed the States and Union Territories to implement the suggestions made by amicus curiae.

The stray dog matter gained national attention earlier this year after a bench comprising Justices JB Pardiwala and R Mahadevan directed Delhi municipal authorities to round up and shelter stray dogs, drawing protests from animal rights groups. That order was later modified by the present three-judge bench. It mandated vaccination and release of sterilized dogs instead of permanent sheltering.