Can Stray Dog Issue Be Resolved By Animal Birth Control Rules 2023? Supreme Court Asks

The Court also marked that if the 2023 rules can solve the problem, then the authorities can be asked to examine the issues as per the rules. If any further grievance arises, then the parties may approach the concerned High Courts, the Supreme Court suggested.

The Bench comprising Justices J K Maheshwari and Sanjay Karol also made it clear that they were not shying away from adjudicating the present issue.  

“We are shying away from dealing of the issue but we will not allow the scope to be expanded. To put it very neatly, it is a very meaty matter for any bench to decide but we will not allow that.”

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

Five impugned judgments from Bombay, Kerala, Karnataka, and the Himachal Pradesh High Court are before the Top Court. The Kerela High Court, in 2015, upheld the ABC Rules and held that Municipal Laws for destructing stray dogs should comply with ABC rules. Unbridled discretionary powers cannot be granted to the municipal authorities for killing stray dogs. 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.

Challenging the Bombay High Court's judgment, the Animal Welfare Board preferred an appeal before the Top Court. It is the petitioner's stance that municipal laws, such as the Bombay Municipal Corporation Act, 1888, have conferred the local commissioners of the cities with unchecked authority to destroy stray dogs if they believe that a dog is a source of nuisance.

In the course of today's hearing, Justice Maheshwari expressed that different high courts have passed different orders.

At this juncture, one counsel pointed out the central rules of Animal Birth Control Rules, 2023.

Following this, Justice Karol asked what survived in the matter, in view of the central rule.

“Today unnecessarily, the Supreme Court is being burdened. There is no question of interpretation in this. You go to the jurisdictional High Court for interpretation of the rules.,” Justice Karol added.

He also proposed that in cases of conflict between the provisions of the Act and the 2023 rules, the High Court will interpret how far these rules will apply.

Justice Maheshwari then stated that the crux of the matter is whether in light of these 2023 rules, the problems arising in individual cases can be resolved.

“The main question is that the judgment that is delivered on the basis of the Act and the State Acts, now the 2023 rules have come….those rules have not been considered by the High Court. In terms of 2023 rules, whether this problems in individual cases can be resolved or not.”

Pursuant to this, the Bench asked the parties to look into the Rules. As per the Court, a lot of issues may get resolved by the Rules and whatever survives can be looked into by the High Courts.

Following this, Advocate-On-Record Manisha T. Karia, who appeared for the Animal Welfare Board, apprised the Bench about the recent advisory issued by the Board for the implementation of these rules. Basis this, she also averred that if parties go through the same then 90% of the problem will be resolved.

Accordingly, the Bench adjourned the matter to May 8, 2024. The Bench also stated that if any issue arises for the interpretation, in an appropriate case, then the same can be taken up by the Supreme Court.

It may also be noted that on an earlier occasion the Court also asked the parties to prepare the concerned issues, relating laws and rules, views taken, in terms of that, by the different High Courts, and an SOP.

Prior to this, (on September 21, 2023), the Court had orally remarked that it did not intend to issue any interim directions and wanted to hear the matter on merits and issue concrete guidelines.

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