Stray Dog Issue : Supreme Court Disposes Of Petitions, Asks Parties To Approach High Courts Based On ABC Rules 2023

“New legislation has come, we are putting end to this matter. Go to the constitutional Courts…I think we should leave it open to the Constitutional Courts and the parties….and authorities shall act in the accordance with the provisions of the 2023 rules,” the bench comprising Justices JK Maheshwari and Sanjay Karol said.

Previously, the Court had asked the counsels representing various states to look into these rules. The Court had orally observed that if these rules can solve the problem, then the authorities can be asked to examine the issues as per the rules. Besides that, if any further grievance arises, then the parties may approach the concerned High Courts.

The Centre initially notified the ABC Rules in 2001, but they have now been replaced by the ABC Rules of 2023. These rules are made under Section 38, Prevention of Cruelty to Animals Act, 1960.

To provide a brief background of the matter, five impugned judgments from Bombay, Kerala, Karnataka, and the Himachal Pradesh High Court were before the Top Court. The Kerela High Court, in 2015, had upheld the ABC Rules and held that Municipal Laws for destructing stray dogs should comply with ABC rules. On the other hand, the Bombay, Karnataka, and Himachal Pradesh High Courts held that the local authorities have discretionary powers to kill stray dogs and are not subject to the ABC Rules.

During the course of yesterday's hearing, the Court reiterated its earlier stance that permissible recourse may be taken in accordance with the new rules and in case if any issue arises, the same can be taken up by the High Court.

“What we are saying today is that these are arising by the orders by so and so, whereafter, the Ministry…has published the Rules…in terms of the provisions of the Act and the rules, the recourse as permissible may be taken. If any issue arises, that may be raised before the constitutional courts,” the bench orally said.

The Court was also not inclined to observe that the 2023 Rules or any aforesaid judgment would prevail.

“We are not giving any prevalence because let it be open. Let them interpret in their own was considering central act, local act and the Rules.”

Case Title: Animal Welfare Board of India V. People For Elimination of Stray Troubles C.A. No. 5988/2019