SC Allows Euthanasia of Rabid and Dangerous Stray Dogs:
The Supreme Court of India has permitted civic authorities to take legally permissible measures, including euthanasia, for rabid, incurably ill, or aggressively dangerous stray dogs in accordance with the Animal Birth Control (ABC) Rules, 2023.
- Strict Ban on Street Feeding: The bench upheld its previous directives banning the feeding of stray dogs on public streets, requiring local bodies to allot dedicated feeding spots instead.
- Article 21 (Right to Life): The Court ruled that it casts an affirmative, non-negotiable duty on the State to secure citizens against threats to life and safety arising from stray dog attacks.
- Article 19(1)(d) guarantees citizens the right to move freely. The Court observed that unchecked stray dog populations in public spaces can violate this fundamental right.
- However, animal welfare groups relied on Article 51A(g) of the Constitution, which places a fundamental duty on citizens to show compassion towards living creatures.
- Mandatory District ABC Infrastructure: Every State and Union Territory must establish at least one fully functional Animal Birth Control (ABC) centre in each district, equipped with surgical facilities, supporting logistics, and trained veterinary personnel.
- Clearing High-Footfall Public Areas: The Court ordered the strict implementation of previous directives regarding the removal of free-ranging dogs from public utilities, schools, hospitals, and high-density transit zones to ensure a secure environment.
- Public Health Response Mandate: States must ensure unhindered and adequate availability of anti-rabies vaccines and immunoglobulin across all government healthcare facilities to manage dog-bite cases effectively.
- Highway Safety Mechanism: The National Highways Authority of India (NHAI) has been directed to formulate a time-bound mechanism using specialized transport vehicles to safely handle and relocate stray cattle and animals from national highways and expressways.
- Legal Immunity for Implementing Officers: To facilitate strict implementation, the Court granted administrative officers protection from FIRs or criminal proceedings for bona fide actions taken under these directives, unless a prima facie case of malice or gross abuse of authority is established.
- Roots in Institutional Failure: The judgment took note of a continuous institutional failure at the municipal level to implement the Animal Birth Control Rules since 2001, which allowed the free-roaming dog population to swell significantly.
