Local Authorities Cannot Impound Street Dogs Indefinitely; Must Release Them At Same Location of Capture After Sterilization: Punjab & Haryana High Court

The Punjab and Haryana High Court observed that the local authorities cannot impound street dogs for an indefinite period and they must be released back to the same place from where they were captured as prescribed in Animal Birth Control Rules, 2023 (Rules of 2023).

A Writ Petition was filed against the directions given to the Chief Medical Officer to shift back the stray dogs to Taksila Heights, after vaccination/sterilization, as it was the place from where they were captured.

A Bench of Justice Kuldeep Tiwari observed, “A thorough analysis of the Rule (supra), leaves no room for doubt that, though the local authorities, have the power to keep the street dogs in the impounding compound, however, it does not empower them, to keep the dogs for an indefinite period, which has been duly prescribed in the Rules of 2023.”

Advocate Ishaan Bhardwaj represented the Petitioner, while Advocate Bhupender Singh represented the Respondents.

Case Brief

The Writ Petition came in pursuance of the incident when an one of the stray dogs, housed in the Society in question, attacked an eight years old child, who is an inhabitant of the Society, and bit her oppressively and later six stray dogs were captured and taken by an NGO, named Umeed for Animals Foundation.

An FIR was lodged on the complaint of one of the residents of the Society under Section 325 of the Bhartiya Nyaya Sanhita (BNS), 2023, and Section 11(1) (1) of the Prevention of Cruelty of Animals Act, 1960.

Later, the Chief Medical Officer, Municipal Corporation was directed to shift the captured street dogs, after vaccination/sterilization, to the original place from where they were captured, i.e. the Society. Being aggrieved by the same, the Writ Petition was filed.

Court’s Analysis

The Court referred to the Animal Birth Control Rules, 2023, which came into force on March 10, 2023, primarily dealing with the stray or street animals birth control.

“On the same lines, Sub-clause (19) of Rule 11, imposes an obligation upon the local authority that all the dogs shall be released at the same place or locality from where they were captured, and the date, time and place of their release is also mandatory to be recorded after the completion of sterilization process, and the representative of the local authority or of the animal welfare organization, shall accompany the team at the time of release, and the Board may provide a suitable application for geo-tagging the location of the dogs, during their capture and release”, the Court said.

The Court further observed that when a dog is captured for the purpose of sterilization or vaccination/immunization then it is within the domain of the local authorities to handover the dog to the Animal Welfare Organisation, which shall take necessary action to cure and release the dog after ten days of observation.

“However, in the instant case, first of all, the dogs were captured by the NGO (Umeed for Animals Foundation), in complete ignorance of the provisions of Rules of 2023. This organization can capture the dogs only as a representative of local authorities, and that too after complying with the above said prescribed provisions”, the Court added.

Thereafter, the Court opined that the directions given to the Chief Medical Officer was passed in consonance with the Rules of 2023, and there is no violation of any Bye-laws of 2005.

However, the Court clarified that the in the event of any complaint regarding the menace of stray dogs, the petitioner, would be at liberty to approach the local authorities, or any other authority concerned, in terms of the provisions of Rules of 2023, for redressal of its grievance.

Accordingly, the Writ Petition was dismissed.

Cause Title: Resident Welfare Association, Taksila Heights, Gurugram V. State of Haryana and other (Neutral Citation: 2025:PHHC:078876 )

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