India's Supreme Court has modified its previous order asking authorities in Delhi and its suburbs to move all stray dogs into shelters amid widespread protests by animal welfare groups. The three-judge bench said that strays should be released after being vaccinated and sterilised but added that dogs with rabies or aggressive behaviour should be immunised and kept in shelters.
A two-judge bench had voiced worry on August 11 over the growing "menace of dog bites leading to rabies" in Delhi and its environs, and the court also prohibited the feeding of stray dogs in public locations and mandated the establishment of special areas for this purpose.
According to municipal statistics, there are an estimated one million stray dogs in Delhi, and their numbers are also increasing in the suburbs of Noida, Ghaziabad, and Gurugram.
According to the World Health Organization, 36% of all rabies-related deaths worldwide occur in India, which is home to millions of stray dogs.
To deal with the dog menace, on 11 August the Supreme Court ordered authorities in the capital and its suburbs to round up all stray dogs and put them in shelters.
It ordered authorities to build shelters to house these dogs in eight weeks' time.
The order sparked intense protests and legal challenges from a number of animal welfare organizations since it violated established regulations that stipulate stray dogs should be returned to their original location following sterilization at shelters.
They cautioned that placing all strays in shelters would result in issues like culling and overcrowding and urged more compassionate measures like immunization and neutering.
The Supreme Court assembled a three-judge panel to consider the challenge after the outcry.
The court said in its decision on Friday that non-aggressive, non-infected dogs might be released to their capture site following vaccination and neutering, thereby staying the previous order to round up all strays.
The court further declared that although strays could be adopted by animal enthusiasts through municipal corporations, the dogs could not be put back on the streets.
The court cautioned animal welfare organizations against interfering with its instructions and stated that those found to be feeding stray dogs in public places would face consequences.
After considering comparable cases that are still proceeding in other states, the Supreme Court has also stated that it will create a nationwide policy regarding stray dogs.
Animal welfare organizations have applauded the decision.
It was described as "balanced, structured, and compassionate" by Humane World for Animals India head Alokparna Sengupta.
However, she stated that in order to prevent the court's decision from being abused to capture and imprison dogs without cause or out of personal bias, it was necessary to develop precise standards based on scientific data to designate "aggressive dogs."
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