'There Can't Be Indiscriminate Killings Of Canines': Supreme Court Closes Stray Dog Cases, Allows To Move HCs Based On ABC Rules 2023

“Considering all the intervening developments and more specifically the enactment of the new Rules putting in place mechanism for preventing the infliction of unnecessary pains and sufferings on animals, more specifically the canines, we intend to close the instant proceedings leaving it open for each one of the parties to pursue their remedies on occasion so arises, if so advised, before the Constitutional Courts, other Forums having respective jurisdiction, in accordance with law.,” the bench comprising Justices JK Maheshwari and Sanjay Karol said.

In the order, the bench observed as follows :

"We clarify that all issues, raised in the instant lis are kept open to be adjudicated in an appropriate proceedings, before the appropriate forum, in accordance with law. Whether be it may the mechanism in terms of the new Rules deficient/insufficient or repugnant to the Constitution or the parent statute(s); in our considered view, which can be best considered by the Constitutional Courts or other Forums accounting for all factors and circumstances, local in nature, being germane for adjudication for them and to decide it independently. We are hopeful that as and when any such issue is raised, the same shall be considered expeditiously, in accordance with law, uninfluenced of any one of the observations made in the impugned orders/judgments and the proceedings of these batch of petitions/appeals."

There can't be indiscriminate killings of canines

In the order, the Court further observed that "under all circumstances, there cannot be any indiscriminate killings of canines and the authorities have to take action in terms of the mandate and spirit of the prevalent legislation(s) in place."

"There is no gainsaying in the fact that exhibiting compassion to all living beings, is the enshrined Constitutional value and mandate, and cast obligation on the authorities to maintain," it added.

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The Centre initially notified the ABC Rules in 2001, but they have now been replaced by the ABC Rules of 2023.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

Citation : 2024 LiveLaw (SC) 434

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