The Supreme Court held that stray dogs found within sensitive institutional premises cannot claim re-release rights under the ABC Rules, 2023, and upheld pan-India directions prioritising public safety under Art. 21 Const. of India.

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Facts

The Supreme Court had earlier, by orders dated 11.08.2025, 22.08.2025 and particularly 07.11.2025, issued pan-India directions concerning stray animal and stray dog management after taking judicial notice of increasing incidents of dog attacks in schools, hospitals, sports complexes, bus depots, railway stations and highways. The Court found that the unchecked presence of stray animals endangered public safety and implicated the right to life under Art. 21 Const. of India.

The order dated 07.11.2025 directed municipal authorities to remove stray dogs from institutional premises, sterilise and vaccinate them under the Animal Birth Control Rules, 2023 (“ABC Rules”), and prohibited their re-release into the same institutional areas.

Multiple interlocutory applications were thereafter filed by animal welfare organisations seeking modification or recall of these directions. The principal contention was that the prohibition on re-release violated Rule 11(19) of the ABC Rules, 2023, which requires sterilised dogs to be released back into the same locality from where they were captured.

Issues Framed

(a) Whether the Court’s directions prohibiting re-release of stray dogs into institutional premises conflicted with Rule 11(19) of the ABC Rules, 2023.

(b) Whether institutional premises such as schools, hospitals, sports complexes, bus depots and railway stations could be treated as “same place or locality” under the statutory framework governing community dogs.

Court’s Reasoning

(a) The Court held that Rule 7(2) of the ABC Rules, 2023, which classifies “street dogs” or “community owned dogs”, is merely a classificatory provision and does not create an enforceable right permitting stray dogs to permanently inhabit all spaces, including sensitive institutional premises.

(b) Reading Rule 11(19) ABC Rules with s. 2(i) of the Prevention of Cruelty to Animals Act, 1960 (“PCA Act”), the Court held that “same place or locality” must be confined to public streets and analogous open-access spaces. Institutional campuses and restricted-access premises were held to fall outside the statutory contemplation of “street” or “locality”.

(c) The Court emphasised that hospitals, schools, colleges, sports complexes and transport hubs are sensitive public spaces frequented by children, patients, elderly persons and other vulnerable groups. Such institutions are required to maintain safe, sterile and obstruction-free environments. The statutory framework could not be interpreted in a manner that legitimised continued stray dog presence in such areas.

(d) The Court rejected the argument that its directions violated the statutory scheme. It held that the directions were consistent with a “proper, purposive and harmonious interpretation” of the ABC Rules, 2023 and the PCA Act, while simultaneously advancing the constitutional obligation to protect public safety under Art. 21 Const. of India.

(e) The Court reiterated that the State bears an affirmative obligation to ensure citizens, especially children and patients, are not exposed to preventable injuries and hazards in public institutions.

Held

The Supreme Court reaffirmed and continued the directions issued on 07.11.2025 directing removal of stray dogs from institutional areas and prohibiting their re-release into the same premises. The Court held that such directions were legally valid and consistent with the statutory framework under the ABC Rules, 2023 and the PCA Act, 1960.

Ratio

Institutional premises such as schools, hospitals, sports complexes, bus depots and railway stations do not fall within the meaning of “same place or locality” under Rule 11(19) of the Animal Birth Control Rules, 2023, and stray dogs removed from such sensitive areas need not be re-released there, consistent with the State’s obligation to protect public safety under Art. 21 Const. of India

Case Details

Citation: 2026 INSC 506
Decided on: 19 May 2026
Case Title: In Re: “City Hounded by Strays, Kids Pay Price”
Court: Supreme Court of India
Bench: Justice Mehta