New Delhi: The Supreme Court on Monday pulled up several States and Union Territories for failing to submit compliance affidavits on the implementation of the Animal Birth Control (ABC) Rules and directed the Chief Secretaries of all defaulting States and UTs — except West Bengal and Telangana — to appear before it next Monday. The bench comprising Justice Vikram Nath, Justice Sandeep Mehta, and Justice NV Anjaria expressed displeasure over the lack of response, observing that only West Bengal, Telangana, and the Municipal Corporation of Delhi had filed the required affidavits despite clear directions issued on August 22.
Court pulls up States for non-compliance
The Court noted that there was no representation from the defaulting States or Union Territories during the hearing. Expressing concern over the continued incidents involving stray dogs and the poor implementation of the rules, Justice Nath remarked, “Continuous incidents are happening, and the image of the country is being shown as down in the eyes of foreign nations. We are also reading news reports.” The bench warned that failure to comply with its orders would invite strict action. “All Chief Secretaries to remain present on November 3, else we will hold the Court in the auditorium,” Justice Nath said, reflecting the Court’s frustration with the States’ apathy.
Delhi government asked to explain delay
The bench also questioned Additional Solicitor General Archana Pathak Dave about why the Government of the National Capital Territory of Delhi had not filed its affidavit. Justice Nath observed that the directions had been widely reported and said, “Your officers don’t read newspapers or social media? Everyone has reported this. Once they are aware, they should come forward!” The bench warned that coercive steps, including the imposition of costs, could follow if compliance was not ensured.
Background of the case
The matter, titled “In Re: City Hounded By Strays, Kids Pay The Price,” originated after the Supreme Court took suo motu cognisance of the rising number of stray dog attacks across the country. The issue first came before a two-judge bench of Justices JB Pardiwala and R Mahadevan on July 28, following a Times of India report highlighting the menace of stray dogs. On August 11, the bench had directed Delhi authorities to relocate stray dogs to shelters and barred their release. However, this order was stayed on August 22 by a three-judge bench led by Justice Vikram Nath, which observed that completely prohibiting the release of treated and vaccinated dogs was “too harsh”. The bench clarified that, under Rule 11(9) of the ABC Rules, stray dogs picked up by authorities must be released back into the same area after sterilisation and vaccination. Exceptions were made only for dogs infected or suspected to be infected with rabies, and those exhibiting aggressive behaviour.
States’ failure to implement Animal Birth Control Rules
The Animal Birth Control Rules are meant to ensure humane management of stray dog populations through sterilisation and vaccination, rather than killing or relocation. The Supreme Court has repeatedly emphasised that the failure to implement these rules contributes to the increasing number of dog bite incidents and public safety concerns. However, despite the Court’s earlier orders, several States have been slow in establishing proper animal birth control programmes or filing progress reports. This has prompted the Court to take a more stringent approach, summoning top officials for direct accountability.
Next hearing on November 3
The Supreme Court has now made it clear that Chief Secretaries of all non-compliant States and UTs must appear before it on November 3 to explain their inaction. The Court also stated that further delays could attract coercive measures, including fines or stricter directions. The matter will continue to be heard by the bench led by Justice Vikram Nath, which has expanded the scope of the case to ensure uniform nationwide implementation of the ABC Rules.