Must return stray dogs to same spot after sterilisation: Punjab and Haryana High Court

The Punjab and Haryana High Court has made it clear that stray dogs cannot be kept in shelters indefinitely and must be released back to the same place from where they were picked up, in accordance with the rules. Justice Kuldeep Tiwari held that the law requires local authorities to finish sterilisation and vaccination of stray dogs quickly and release them within 10 days, making it clear that animal welfare groups can only catch stray dogs on behalf of local bodies and must follow all legal steps, including proper record-keeping.

The ruling came as Justice Tiwari dismissed a petition filed by a residents’ welfare association in Gurugram, which had challenged orders for the return of six stray dogs to their society after sterilisation and vaccination.

The case has its genesis in an incident that took place on September 22, 2024. A stray bit an eight-year-old child in the society. Following complaints from her parents and other residents, an NGO captured six stray dogs, for what it described as safe-keeping and welfare.

Justice Tiwari ruled that the NGO acted without authority under the Animal Birth Control Rules, 2023, as only the local authorities could authorise such action, and that too after complying with requirements like giving public notices, maintaining records, and ensuring the dogs were released back to the location they were picked from. None of these mandatory steps were shown to have been followed, which also led to the registration of an FIR in the matter, the Bench observed.

Justice Tiwari added the local authorities had powers to keep stray dogs in shelters for sterilisation and immunisation, but the rules did not permit indefinite detention.

Rejecting the association’s arguments, the court held that the rules provided a complete legal framework for handling stray dogs, including the steps to be taken when a dog was aggressive but not rabid. It clarified that complaints about the stray dog menace could still be raised with the local authorities under the prescribed legal procedures.