Stray Dogs Case : Live Updates From Supreme Court

Singh: Mass culling of dogs does not control rabies. I am citing what's said by WHO. Whether dogs are needed in DU, Courts is not the question. They are a reality. Question is what's the best way to avoid harm to human beings

Singh gives example of a Nizamuddin colony, which brought down dog population by sterilization and established dedicated feeding spots

Hearing to continue tomorrow.

Sr Adv Gopal S: Time may be indicated for counsels' arguments

J Nath: I am not doing that, anyone can argue at any length

Gopal S: That's what the SOP says for such cases

J Nath (in lighter vein): So far, I am not following that.

Sr Adv Anand Grover for Federation of Indian Animals Protection Organization: Your lordships did not have information of educational institutions when the order was passed. They are doing excellent work. A more modulated order warranted. Education institutions have implemented systems to manage dogs in their campuses - IIT Mumbai, Ashoka University, DU, Symbiosis, Noida, AMITY Noida. We have some issue with non-release. Blanket non-release is not scientific. Where ABC Rules have been followed properly, rabies and dog population have come down. Long term plan is follow the Rules.

J Mehta: Directions were given by Court in 2018. What has happened? Because authorities are not complying, people should continue to suffer?

Grover: Govt should be taken to account. They should invest the money. Rabies-affected dog does not survive. You just have to isolate it.

Sr Adv CU Singh (for 3 DU Law Faculty members): We seek a stay of the SOP. It goes beyond Court order. We have suggested scientific measures. Directions c,d,h,i not be implemented till holistic view is taken. If you abruptly remove dogs from an area, vacuum effect leads to rushing in of unstabilized population.

Gonsalves: Cows must be differentiated from dogs. We will help government, but they are harassing RWAs feeding dogs, particularly women. Women ferociously attacked, beaten. Protect us. Dogs are sentient beings. Dogs have been poisoned, beaten, suffocated. Raping of dogs by human beings is a common practice. Cruelty to dogs removed as an offense! Most Indians feel safer with stray dogs. At night, guard will sleep, dog will be awake. You have some beautiful stray dogs [in courts]

J Mehta: Ask the lawyer in Gujarat High Court

Gonsalves: Guards will tell you how they protect the establishment. Amicus can be asked to see what's the work done by municipality. Directions given by Board will result in de-recognition of many NGOs. There's politics in this.

One Sabu Steephen (through VC): I am here for human safety. [Cites a sensitive picture] This is a picture just before this person died. He was sleeping when he was attacked

Bench: Put down the photo, make your submissions

Steephen: ABC Rules are ultra vires and unscientific. In Lakshadweep, there's no stray dog. Rest of India, people are suffering. Across the world, dog means pet dog only. People of Japan have dream boxes (shelters). If people don't adopt, dogs are euthanized. Safety of Japanese people highest. After 1950, no rabies death

Sr Adv Colin Gonsalves: Case began with wrong information. 5-7 times overestimation was there. Hysteria was created. Central govt data - 0 rabies in Delhi in 2022-2025. First order of this bench was a huge relief. The second order maybe created some confusion. Bombay municipal corporation went through same hysteria decades ago - worsened the problem. It's important to send vaccinated dogs to same area [to build rabies shield]. Govt shelters are breeding grounds for infection, in deplorable condition. Can't rely on corporations. We animal lovers are at 99%.

Counsel for Dr Manjula Bishwas: I am on institutions. 15.5 lakh educational institutions. What is feasible is if the feeders are not taken as adversaries. Feeders will be at no extra cost and can assist govt. If feeders are taken into confidence, they can remove dogs. Only Rs.50 fine for animal cruelty - that has to be looked into! Places like Jaipur have eradicated rabies problem. No feeding spots have been provided. We have applied to Bombay Municipal Corporation. There are no shelters, as per RTI response. When Court says dogs need to be shifted to shelters, first shelters should be created.

Counsel for one Rahul Mohod: I have drafted and filed one national policy on community animal welfare and public health. This contains 238 sections. I incorporated one national agency. Behavior of dog, identification, census - everything included.

Sr Adv KK Venugopal (for NALSAR, Hyderabad): This university has an animal law centre. It also has a masters course and PG diploma in animal protection. It has an MoU with Harvard University with regard to animal protection. Our investigation has disclosed statistics not placed earlier before the Court. Data on stray dogs in educational institutions - dog population in India is 5 cr 25 lakhs - no. of shelters required (200 dogs per facility) is 77347...functional shelter requirement per dog 40 sq.ft...cost of feeding a dog per day is Rs. 40...cost of feeding 1.54 crore dogs would be Rs. 61 cr 81 lakhs. [A report shows that] 194,412 schools have no functioning electricity connection...poor toilet facilities, drinking water access...these schools putting up fences etc. when there are such poor facilities.

J Nath: What's your submission?

Venugopal: Enormity of the problem - there are not adequate funds or infrastructure. A Committee shall be constituted comprising heads of animal husbandry departments of 3 successful states...stray dogs should be returned to places from where they are picked up. I can't expect SC will ignore a statutory rule, until that rule is amended, set aside. The order passed to not release dogs in same place is against the rule of law. Let expert committee give report.

Sibal: In Lucknow, Municipal corporation collaborating with individuals. Individuals inform, corporation then sends someone and process is followed. NGOs collaboration required. Dog bites have increased in Indore, as per an RTI. There are earlier judicial orders to follow the guidelines

Sibal refers to the interim relief prayed for

Sibal: Heads of Animal husbandry departments of 3 successful states or such other officials to assist the court on effective pathways...pending submission of their report, keep in abeyance directions c, d, h and i...we will not be able to control ingress, egress in these areas even if we remove. Pursuant to this order, SOP was changed. We are not adversarial.

Sibal: Human health comes first. We support that. But if 70% dog vaccination standard is maintained, rabies can be tackled in 2-3 years. In 10 years, there will be a dog-free situation. Isolation wards should be there for rabies-infected dogs.

J Mehta: Read 22 August order, we directed regarding stray dogs in streets. Focus on dogs in institutional areas

Sibal: My argument is there should be no difference between dogs in streets and institutional areas. They are "community dogs"! ABC Rules are a complete code. Delhi has 250 wards. Dog population is 10 lakhs. If 2 lakh sterilized, it will take 5-9 years, assuming 0 birth. MCD contract with Delhi Dogs Association. Heavy sum required to feed dogs. Economic burden discharged by communities. You are allowing the Corporation not to bear that burden. If you follow guidelines, there will be a dog-free society. Dehradun, a tourist place, dog bite incidents reduced by 68%. Likewise, in Goa. Problem is some other dog can come if you remove from an area. Bites will increase. We should accede to those who have domain knowledge.

J Mehta: As far as institutions are concerned, they are not streets. Why do you need dogs in court premises, schools? what are we discussing?

Sibal: If you put all these dogs in shelters without following rules...

J Mehta: Rules say they have to be released back in same area. Then how will the institutions be dogs-free? Should they be released on streets?

Sibal: Dog population is not eliminated in this fashion. If one dog goes, another comes in its place. If you follow scientific model, they will be eliminated in a decade. They only live 10 years. It has been successful in the past. Man-dog conflict increases in areas where street dogs are removed, killed. Our children and people have to be protected but solution should not increase the risk.

J Mehta: NGOs go and provide food in shelters. You are mistaken that only shelters provide food

Sibal: 1.5 crore dogs will be fed by animal lovers?

J Mehta: If they are so concerned, they should

Sibal: If your lordships have all the solutions, why make me argue?

J Mehta: we have not forced you

Bench rules out playing videos of incidents, saying both sides will have ample material to show.