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Supreme Court Issues Sweeping Directives to Tackle Stray Animal Menace on Highways and in Public Institutions

New Delhi: Taking suo motu cognizance of the escalating "menace of stray dogs," the Supreme Court has issued a comprehensive set of directives aimed at ensuring public safety across India. In a significant order, the bench of Justice Mehta underscored the State's "affirmative obligation" under Article 21 to protect the fundamental right to life and safety, ordering the removal of stray dogs from institutional areas and stray cattle from national highways.

The Court's intervention comes in response to an alarming rise in dog-bite incidents, particularly in sensitive zones like schools, hospitals, and transport hubs. The judgment, delivered in the case titled IN RE : 'CITY HOUNDED BY STRAYS KIDS PAY PRICE' , expands upon earlier orders and establishes a nationwide framework for managing the stray animal population.

Background of the Case

The matter, initiated by the Court on its own motion (suo motu), consolidates several petitions addressing the public safety risks posed by stray animals. The Court had previously mandated states to enforce the Animal Birth Control (ABC) Rules, 2023, which advocate for sterilization and vaccination. However, noting persistent non-compliance and a "systemic failure to secure premises from preventable hazards," the Court deemed it necessary to issue more stringent and targeted directions.

The Court expressed grave concern over recurring incidents, citing numerous news reports of attacks on children in schools, patients in hospitals, athletes in stadiums, and commuters at railway stations and bus depots. It also noted the high incidence of rabies-related fatalities in India and the impact on tourism, referencing an attack on a foreign national in Bengaluru.

Key Directives Issued by the Court

The judgment is structured in three parts, addressing compliance by states, the issue of stray cattle on highways, and the specific problem of stray dogs in institutional areas.

1. On Stray Animals on Highways: Reaffirming a Rajasthan High Court order, the Supreme Court directed a nationwide, coordinated drive to remove all cattle and other stray animals from National Highways, State Highways, and Expressways. Key directives include: - Joint Removal Drives: Municipal authorities, Public Works Departments, and the National Highways Authority of India (NHAI) must conduct joint drives to remove and relocate stray animals to designated shelters. - 24x7 Highway Patrols: Dedicated patrol teams must be constituted for continuous surveillance and immediate response. - Helpline Numbers: Prominently displayed helpline numbers must be installed at regular intervals on all major highways for commuters to report stray animals. - Accountability: Chief Secretaries and the NHAI Chairperson are to be held personally accountable for lapses.

2. On Securing Institutional Areas: Citing the particular vulnerability of children, patients, and the elderly, the Court issued a landmark directive to make institutional premises stray-dog-free. > "The State and its instrumentalities bear an affirmative obligation to ensure that no citizen, least of all children, elderly people and patients, are exposed to preventable injury or disease within public premises."

The key instructions for educational institutions, hospitals, sports complexes, bus depots, and railway stations are: - Mandatory Removal: Jurisdictional municipal bodies must forthwith remove every stray dog found within these institutional premises. - No Release in Same Location: In a significant departure from the standard ABC protocol, the Court explicitly directed that dogs removed from these institutional areas "shall not be released back to the same location from which they were picked up." They are to be shifted to designated shelters after sterilization and vaccination. - Securing Premises: The administrative heads of these institutions must secure the premises with fences, gates, and other measures within eight weeks. - Nodal Officers: Each institution must appoint a Nodal Officer responsible for campus cleanliness and preventing the entry of stray dogs. - Mandatory Vaccine Stock: All hospitals, public and private, must maintain a mandatory stock of anti-rabies vaccines and immunoglobulin.

Deficiencies in State Compliance Highlighted

The Court took on record a report by Amicus Curiae Shri Gaurav Agrawal, which summarized the compliance affidavits filed by various States and Union Territories. The report highlighted "grave deficiencies and shortcomings" in the implementation of the Court's previous orders. The Court directed all states to rectify the lapses pointed out by the Amicus Curiae and file comprehensive additional affidavits, warning that any "lethargy in this regard shall be viewed seriously."

Final Decision and Implications

The Supreme Court's order marks a pivotal moment in the ongoing debate between animal welfare and human safety. While upholding the principles of the Animal Birth Control Rules, the judgment carves out a crucial exception for institutional areas, prioritizing the safety of vulnerable populations. By mandating the permanent removal of dogs from these zones and holding top officials accountable for clearing highways of stray cattle, the Court has established a robust framework to address a pressing public health and safety issue.

All States, Union Territories, and relevant Central Ministries have been directed to file compliance affidavits within eight weeks. The matter is scheduled for further hearing on January 13, 2026.