The Supreme Court on Tuesday strongly reaffirmed its November 2025 order to remove stray dogs from all public institutions and spaces, including hospitals, schools, colleges, and playgrounds, stating that the constitutional balance must tilt in favor of human life when it clashes with the welfare of animals. Noting that dog bite cases have reached an alarming proportion, the court directed the government to take all legally permissible measures to control the problem, including euthanasia for rabid, incurably ill, or demonstrably dangerous dogs.
Constitutional Primacy of Human Life
A bench of Justices Vikram Nath, Sandeep Mehta, and NV Anjaria emphasized that the right guaranteed under Article 21 of the Constitution stands at the highest pedestal of constitutional protection. It casts upon the State an affirmative, non-negotiable, and continuing duty to take all expedient, effective, preventive, and legally permissible measures to secure citizens against threats to life and safety arising from stray dog attacks.
Rejection of Dog Lovers' Plea
The court rejected the impassioned plea of dog lovers to modify its earlier order, stating that compassion for animal life, however important, cannot be interpreted in a manner that compels citizens to endure recurring threats to their own lives, safety, and bodily integrity. It passed a slew of directions for the implementation of its order and the Animal Birth Control (ABC) Rules, with a clear warning that local and state government officials would be liable for contempt for non-compliance.
Stray Dogs Have No Absolute Right to Public Spaces
The bench clarified that stray dogs do not possess an indefeasible or absolute right to occupy spaces or premises, irrespective of their nature or use. Referring to the proceedings that began in August 2024 when the court took suo motu cognizance of a Times of India report titled 'City Hounded by Strays, Kids Pay the Price,' the court said it cannot remain oblivious to harsh ground realities. These include young children mauled, elderly persons attacked, ordinary citizens vulnerable in public spaces, and even international travelers falling victim to such incidents.
Darwinian Theory Incompatible with Democracy
The court warned that if such conditions continue unchecked, the inevitable consequence may lead to a regression towards a state where the Darwinian theory of survival of the fittest would govern civic life and public spaces. Such a situation would be wholly incompatible with a constitutional democracy governed by the rule of law. While animal welfare and protection of sentient beings are matters of constitutional, statutory, and moral significance, these considerations cannot eclipse or subordinate the paramount obligation of the State to safeguard human life.
Constitutional Balance Tilts in Favor of Human Life
When safety and lives of human beings are weighed against the interests and welfare of sentient beings, the constitutional balance must necessarily and unequivocally tilt in favor of the preservation and protection of human life. The presence of stray dogs in public institutions poses serious safety and health hazards. Any animal welfare organization that intends to take care of strays must give an undertaking to take responsibility in case of any dog bite.
ABC Rules Not a License for Perpetual Presence
Rejecting the plea that ABC Rules mandate the continued presence or reintroduction of stray dogs in public places, the bench said such an interpretation would create a direct, unavoidable, and irreconcilable conflict between statutory interpretation and the constitutional imperative of ensuring public safety. The ABC Rules, 2023, are regulatory in character, intended to facilitate humane management of stray dog populations, including control, sterilization, vaccination, and regulated presence in appropriate public areas. They cannot be elevated to confer a perpetual or unqualified right of existence upon such animals in every location, particularly where public safety, health, and institutional functioning are significant.
Rising Stray Dog Population
As per estimates given in court, the stray dog population has risen exponentially from an estimated 2.5 crore in the early 2000s to nearly 8 crore at present. The court noted that ABC Rules have remained deficient in execution, with inconsistent implementation of sterilization and vaccination plans leading to an unchecked increase in stray dogs and a corresponding rise in dog bites and related hazards. The court upheld the standard operating procedures framed by the Animal Welfare Board, which suggest inclusion of additional categories of public places such as religious sites, parks, tourist locations, and other similar areas within the ambit of the apex court's order.
Incidents at Indira Gandhi International Airport
The court referred to many incidents of dog bites, including at the Indira Gandhi International Airport, which has witnessed at least 31 incidents since January 1. Had states and Union Territories acted with foresight in implementing the ABC framework from its start, the present situation would not have assumed such alarming proportions. The right to live with dignity under Article 21 necessarily encompasses the right of every citizen to move freely and access public spaces without living under a constant apprehension of physical harm, attack, or exposure to life-threatening events such as dog bites in public areas.
