J Nath: We are only trying to monitor that the rules, Acts are followed, which has not happened so far. We will be harsh on states which have not responded
Sibal: The Board has setup an SOP which is contrary to the ABC Rules - that's the problem. States are complying with SOP, not the Rules
J Nath: Show us the SOP, we will ask them to answer
Sibal refers to the SOP: Cl.2(3)...completely unscientific. Instead of male, female dog sterilization should be prioritized. Systematic layout of dog shelter - SOP legitimizes severe overcrowding, risks breakout of diseases. You keep a rabies-infected dog with a normal dog, hell will break lose. If you see what kind of food is given in Tihar Jail, imagine what kind of food will be given to dogs in shelters? They will fight for the food!
Sibal: Solution is not to capture all dogs
J Nath: Prevention is always better than cure
J Mehta [to Sibal]: Your information is outdated. NLS Bangalore has reported many attacks. There will have to be a Lalita Kumari for this also
Sibal: Putting all dogs in shelters is not possible physically. Economically not feasible. Dangerous for humans also. This has to be done scientifically. Problem is laws are not being followed.
Sibal: Like NHAI, Ministry of Railways should also be included. Accidents are happening
J Mehta: In Assam, there's this problem. Railways has come out with solution of infra-red tracking
Sibal: If there's an unruly dog, you call a centre. It will be sterilized and released back
J Mehta: Only thing left is then to also provide counselling to the dog to not bite someone!
Sibal: I suppose that's in lighter vein. If there is pain, does not mean we have to be cruel
J Nath: It's just not biting, it's also threat caused by dogs. Of accidents. How can you identify? Which dog is in what mood in the morning, you don't know.
Counsel for Bhupinder Singh: 1000s of dog bite incidents in authority parts
One Abhisht Kusum Gupta: We are part of group housing. Decision should be ours, as it is our property. Chief Secretary office in UP is thick-skinned, they don't listen. Worst are NOIDA and Greater Noida authority. My daughter was bitten by 7-8 dogs, it was a big news
J Nath: We are conscious of incidents, tell us suggestions
Gupta: Dogs should be removed from group housing societies. Our kids cannot be allowed outside like this.
Victims' submissions over
Sibal (for dog lovers): This is not adversarial. If 1 tiger attacks man, it does not mean all tigers have to be [caged]
J Mehta: What about chickens, what about goats?
Sibal: I have stopped eating chicken. Can't imagine eating them when they are caged, etc. We have to ensure control on dog population, sterilization...CSVR model required. Capture, Sterilize, Vaccinate, Release - followed throughout the world. It has brought down dog population even in some states. If rabies carrying dog is caged with rabies-free dog, what will happen?
J Mehta refers to Nehru park incident of dog attack
Sibal: If you treat animals with empathy, it won't happen. If you invade their space, they will attack.
One Dr Anurupa: I have worked with PM's cabinet...I have seen how rabies cases come...went to 4 hospitals yesterday...I want to flag that data in Indian healthcare is missing...different nos. being quoted in different media...I attended a "bite case" but there was no bite! I went as a patient. Doctor did not even see my scratch
J Mehta: If you're talking of another countries, tell us how many stray dogs you see there!
Dr Anurupa: Netherlands does not have, but none of these countries euthanized the dogs. Hospitals are not even checking ID here. Gurugram doctors were joking!
J Nath: So your problem is with media data.
Counsel for applicant: Whether all NGOs will take accountability...there are silent deaths happening...suggestions include identification of high-risk zones...establishment of quarantine centres...waste management for stray dogs...local authority have power to euthanize...
Another counsel cites dog attack in Kerala: There are 55 Acts by state govts...having provision for elimination of stray dogs...dangerous, ferocious dogs must be eliminated from streets, 2017 order! Instead of discussing about ABC rules, we have to discuss about Prevention of Cruelty Act. Yesterday, one lawyer attacked in Gujarat HC. Two groups argued over it. Application will be moved by [Bar Association]
Counsel for one Amar Jain: In ABC Rules, no provision for training to persons with disabilities...PwD also not trained how to save themselves...public access areas like hospitals have no animal-free zones where PwD can move freely...usage of service animals framework required.
Jain: I filed one more IA, requesting to transfer case going on in MP High Court
SG: When we say animal lovers, it includes all animals. Whether I want to keep any animal in my house, is my discretion. Same goes for a gated community. Whether a dog should be roaming around in a gated community, it would be for the community to decide. Suppose, 90% of residents feel it would be disastrous for children, but 10% insist on dogs...somebody may bring buffaloes tomorrow! They may say I want to have buffalo milk. Let there be some provision under which the gated community decides by way of votes
Counsel for an applicant: We are not against dogs. We have to see dog menace and public safety. 6.2 crore population of dogs, situation going out of control. ABC Rules need to be amended, they are contrary to the Act.
Amicus: I can't say (based on this) what's the capacity of ABC centres, whether there's infra problem, what steps are required...affidavit does not fully capture steps taken for restraining ingress of cattle, etc. on state highways...if you have a stray animal, but not a shelter, they won't be able to remove. In all govt medical colleges there were 269 dogs, 98 removed. Out of 1,62,342 dogs in [...], 16000 removed to permanent shelter. Some affidavits are very disappointing
Ms. Vandana Jain (who has filed a modification application): 55000 people bitten by dogs. I am a dog lover, but I am also a human lover. I have a solution, went to Court. Got final order in March 2025, which was for strict implementation of ABC Rules. Nothing has been done by MP govt. I have researched for 8 years. There are 2 problems - (i) dog population (ii) public awareness. We can't control things till these are managed. One has to understand why dog is not biting some. If kindness is practiced by everyone as a civic duty, this problem can be solved. Half people won't know dog sterilization contact no. People won't know what's dog nasbandi. We are making a cruel society. People have to be involved in pashu-seva. If we educate people, we can solve dog bite. If we limit extra-luxury dog, indigenous dogs can be adopted. Farmers can keep them to protect farms.
Amicus: Creation of shelters and working of ABC centres are two different things. Infrastructure creation in respective municipal corporation - must have enough space for dog, cattle to be brought. Sterilization in ABC centres have to be done on optimal level. AWI says male dogs should be sterilized first, as it takes care of reproduction. These have to be now implemented. Third part is - states were to file affidavits. I was able to compile 10
J Nath: Which states have not filed?
Amicus: MP, UP, Punjab and Karnataka - 4 big states - had not filed till last night. Some states/UTs like Sikkim, Dadar and Nagar Haveli - no point in adding theirs...I could not incorporate Rajasthan's...Assam and Gujarat affidavits came late night
Amicus takes the Court through Maharashtra's affidavit.
J Nath: We will hear everyone today. We will hear the victims, then the haters and the lovers both
SG Tushar Mehta: There are those who appear for dogs, and those who appear for humans
Sr Adv Gaurav Aggarwal (Amicus): In November, Animal Welfare Board was to frame SOP. They have done so and circulated. All stray animals from national highways, etc. were to be removed, to avoid accidents. NHAI was to have SOP. It has identified vulnerable stretches vulnerable to animal access. It takes after identifying, state govts have to take steps
J Nath: But they could do fencing
J Mehta: That's happening on super expressways. In last 20 days, there have been 2 incidents involving Rajasthan HC judges. One judge is still suffering from serious issues!