Context:

• Over the past decade, the issue of street dogs in India has evolved from a local civic concern into a constitutional and legal controversy, drawing the attention of the Supreme Court of India (SC).
• The debate lies at the intersection of public safety, animal welfare, judicial overreach, and scientific policy-making, raising important questions about governance, separation of powers, and humane solutions.

Background - Judiciary and the “Dog Problem”:

• The SC, unusually, has taken suo motu cognisance of issues relating to street dogs, even on the basis of unverified media reports.
• In one instance, without hearing affected parties, the Court directed that all street dogs be confined to dog pounds, a move that would require thousands of crores of rupees and is practically unimplementable.
• The subject is now under the control of a reconfigured Bench, signifying judicial reconsideration.

Constitutional Concerns - Separation of Powers:

• Separation of powers, part of the Basic Structure Doctrine, mandates that each organ of the State functions within its domain.
• Under the Prevention of Cruelty to Animals (PCA) Act, 1960, the Animal Welfare Board of India (AWBI) is the designated executive authority to frame guidelines on animal management.
• The judiciary issuing detailed policy directions risks encroaching into executive functions.
• The Court could instead direct the AWBI to revise and harmonise guidelines, balancing human safety, and compassion, a Fundamental Duty under Article 51A(g).

Existing Legal Framework - Not a Law Deficit, but an Implementation Deficit:

• The Animal Birth Control (Dogs) Rules, updated in 2023, already provide a clear national protocol Capture–Sterilise–Vaccinate–Release (CSVR).
• This approach is endorsed by -
  • World Health Organisation (WHO)
  • World Organisation for Animal Health (WOAH)

Why Not Culling or Detention?

• Removal or confinement creates ecological “vacuum zones”, allowing new, unsterilised dogs to migrate in.
• This restarts the cycle of population growth, aggression, and rabies risk.
• Therefore, evidence-based policy, rabies control, and One Health approach are better approaches.

Global Best Practices - Lessons for India:

• France:
  • Tackled stray dogs through mandatory registration, sterilisation incentives, strict anti-abandonment laws, and improved waste management.
  • Municipal authorities, not courts, led the effort.
  • Result: Sharp decline in stray populations within a decade.
• Netherlands:
  • It became the first country with zero stray dogs, without killing any.
  • This is achieved through nationwide CSVR, strong funding support, public education, penalties for abandonment, and adoption and identification systems.
  • Success is driven by executive coordination and civil society, not judicial activism.
  • Inference: Scientific, humane approaches work better than coercive detention.

Ground Realities in India - The Myth of Dog Pounds:

• Experiences from municipal dog pounds (e.g., Jodhpur) reveal severe neglect, lack of food and medical care, misuse of public funds, and high mortality rates.
• Dog pounds often function as “death warrants”, not shelters, highlighting governance failure, municipal incapacity and unaccountability.

Behavioural and Social Dimensions:

• Dog aggression is usually linked to hunger, sexual disturbance (lack of neutering), and human provocation (stone-pelting). Fed and sterilised dogs are largely non-aggressive.
• Street dogs -
  • Act as informal security in many localities.
  • Are cared for by poor and lower-middle-class communities.
  • Help inculcate compassion among children.
  • Are used in therapy and psychological interventions.

Challenges and Way Ahead:

• Poor implementation of existing laws and rules: Strict implementation of ABC/CSVR Rules, 2023.
• Judicial overreach into executive policymaking: Judicial restraint coupled with executive accountability.
• Inadequate municipal infrastructure and funding: Strengthening municipal capacities and monitoring mechanisms.
• Elite-driven perceptions and dog-related phobias: Focus on humane, scientific, and decentralised solutions. Targeted action against genuinely aggressive dogs, not blanket measures.
• Weak enforcement against pet abandonment: Public education on responsible pet ownership.

Conclusion:

• India’s street-dog issue is not a legal vacuum but a governance and implementation failure.
• Scientific evidence, global best practices, and constitutional principles all point towards humane, executive-led, and evidence-based solutions, not mass detention or judicial micromanagement.
• Upholding compassion as a Fundamental Duty, while ensuring public safety, requires rational policymaking grounded in science—not fear, sentimentality, or impractical orders.