The Supreme Court of India has scheduled a crucial hearing for January 7 to consider objections against new rules framed by the Municipal Corporation of Delhi (MCD) for handling stray dogs. The bench, comprising Justices Vikram Nath and Sandeep Mehta, indicated it would play a video during the proceedings to provoke a discussion on the essence of humanity.
Court's Stance and Kapil Sibal's Objections
During a hearing on Thursday, Senior Advocate Kapil Sibal, representing petitioners, urgently sought an earlier date. He argued that the MCD had framed rules which were "completely contrary" to earlier directives and that the civic body was likely to implement them in December itself. Sibal expressed grave concern, stating the proposed actions were "very, very inhuman" and that authorities planned to remove dogs without adequate shelter facilities.
Justice Vikram Nath initially responded by saying, "It's alright, Mr Sibal. Let them do it, we will consider." However, Justice Sandeep Mehta made a significant remark, stating, "On the next date, we will play a video for your benefit, and we will ask you what humanity is." Sibal countered by saying the petitioners would also present a video to showcase the ground reality.
Background of the Suo Motu Case
The apex court had taken up this matter suo motu (on its own) in July this year. This judicial initiative was triggered by widespread media reports highlighting serious and often fatal attacks by stray dogs in Delhi and the National Capital Region (NCR).
Initially, a two-judge bench had ordered local civic bodies to capture and provide permanent shelter for all stray dogs within an eight-week timeframe. This order faced immediate backlash from animal welfare organizations, who labeled it as excessively harsh and unworkable.
Modification by the Three-Judge Bench
Following public outcry, the Chief Justice of India assigned the case to a three-judge bench led by Justice Vikram Nath. On August 22, this bench modified the earlier stringent orders. It stayed the directive for permanent sheltering and broadened the scope of the case to include all states and Union Territories across India.
In the same order, the court also softened its earlier stance on not releasing vaccinated dogs. Terming the previous direction "too harsh," the bench allowed for the release of stray dogs after they undergo standard sterilisation and de-worming procedures.
The Path Forward and Next Hearing
The matter was originally slated to be heard by a three-judge bench, but as Kapil Sibal pointed out, that hearing stood cancelled. The court has now firmly set the next consideration for January 7, 2024. The upcoming hearing is poised to be highly charged, with both the bench and the petitioners preparing to use video evidence to support their contrasting perspectives on welfare, safety, and humane treatment.
The case underscores the complex and emotionally charged challenge of balancing public safety from dog attacks with the ethical and humane treatment of stray animals in urban India, with the national capital's policies under direct judicial scrutiny.
