Introduction:

The Supreme Court has scheduled a final hearing on February 28, 2024, to address the issue of curbing stray dog attacks in the country. The matter involves conflicting judgments from various High Courts, challenging the Parliament-enacted ABC Rules 2001. The Animal Welfare Board is in contention with local authorities over discretionary powers for dealing with stray dogs, presenting a complex legal landscape.

Arguments of Both Sides:

The Animal Welfare Board, represented by Advocate-On-Record Manisha T. Karia, challenges the discretionary powers granted to local authorities under municipal laws, arguing that such powers lack defined parameters, leading to indiscriminate destruction of stray dogs. The Board contends that the Prevention of Cruelty to Animals Act and ABC Rules should govern the actions of municipal authorities, emphasizing the need for concrete guidelines.

On the other side, local authorities from Bombay, Karnataka, and Himachal Pradesh assert their discretionary powers to address the nuisance caused by stray dogs, challenging the uniform application of ABC Rules. The debate hinges on whether municipal laws can confer unbridled discretion, and if ABC Rules override such local legislation. The conflicting judgments from different High Courts add complexity to the legal battle.

Court’s Judgment:

The Supreme Court, led by a Division Bench of Justices J K Maheshwari and Sudhanshu Dhulia, aims to resolve the legal ambiguity surrounding the control measures for stray dog attacks. The court directed the parties to exchange pleadings and submit written submissions before the final hearing. Acknowledging the conflicting views among High Courts, the court expressed its intention to issue concrete guidelines after a thorough examination of statutes, rules, implementation, and the challenges presented. This approach seeks to curtail litigation in other High Courts and provide comprehensive guidance on the matter.