Introduction:

In a significant development, the Supreme Court has disposed of a batch of petitions concerning the stray dog issue, directing that the matter be decided by the respective High Courts in view of the Animal Birth Control Rules, 2023. The bench comprising Justices JK Maheshwari and Sanjay Karol emphasized the applicability of the new rules and urged parties to approach the Constitutional Courts for further recourse.

Arguments:

Previously, the Court had urged counsels representing various states to examine the Animal Birth Control Rules, 2023. The Center had replaced the previous ABC Rules with the updated version in 2023, under Section 38 of the Prevention of Cruelty to Animals Act, 1960. The matter stemmed from five judgments across Bombay, Kerala, Karnataka, and Himachal Pradesh High Courts, reflecting varying stances on the authority’s discretion to handle stray dogs. While the Kerala High Court upheld the ABC Rules in 2015, other High Courts maintained discretionary powers for local authorities to address the issue.

During the recent hearing, the Court reiterated the applicability of the new rules and emphasized that any grievances arising from their implementation could be addressed by the High Courts. It declined to assert precedence of the 2023 Rules or any previous judgments, opting instead to leave interpretation to the Constitutional Courts.

Court’s Judgement:

The bench, comprising Justices JK Maheshwari and Sanjay Karol, emphasized that the new rules provide a framework for addressing stray dog issues. The Court directed parties to seek recourse as permissible under the rules and approach the High Courts for any unresolved matters. Importantly, the Court refrained from giving precedence to either the 2023 Rules or any previous judgments, leaving the interpretation open to the High Courts.