The Supreme Court of India, as the guardian of constitutional values, holds immense influence not just domestically but also on the global stage as India's stature grows. Its recent interventions in matters concerning stray animals have brought to the fore a critical national conversation. The Court's intent to harmonise public safety with animal welfare is commendable. However, as articulated by former Supreme Court judge Madan B Lokur and scholar Amrita Narlikar in a piece dated January 5, 2026, the road paved with good intentions can lead to unintended consequences. They identify three significant risks in the current judicial approach and propose a more compassionate, effective pathway aligned with India's civilisational ethos.
The Perils of Polarising Narratives and Misplaced Blame
The authors point out that the Court, in one of its rulings, referenced a newspaper headline declaring a city was 'hounded by strays, kids pay the price'. Such framing, they argue, creates a false and dangerous binary. It obscures the root cause: systemic failures in vaccination and sterilisation programmes over decades. This narrative shift risks legitimising violence against voiceless animals, for whom legal penalties remain shockingly low. Furthermore, it overlooks the provocation and brutality animals often face, with little legal recourse. By using polarising headlines as a 'hook', the judiciary risks amplifying hate rather than fostering reasoned solutions.
Relocation is Not Justice: Penalising Animals for Human Failure
A second major risk lies in the potential solutions being considered. The rulings correctly identify that the human-animal conflict stems from authorities' gross negligence in implementing Animal Birth Control (ABC) rules for over 20 years. However, punishing stray animals through incarceration or traumatic relocation for this human failure is an inversion of justice. Stray dogs are territorial and form bonds with local feeders. Forcibly removing them in small cages causes grievous physical and psychological harm, often leading to death from trauma or a 'broken heart'. This approach stands in direct opposition to the ideal of Vasudhaiva Kutumbakam (the world is one family), which India championed during its G20 Presidency.
The Need for Clarity and a Stay on Knee-Jerk Actions
While the Court has shown wisdom in reconsidering and clarifying its earlier, harsher directives, the public narrative, once set, is hard to reverse. Terms like 'menace' can shift the Overton Window, emboldening vigilante actions. To counter this, Lokur and Narlikar suggest the Supreme Court should issue firm directives within its writs against animal abuse by resident associations and hold government 'shelters' accountable for neglect. Crucially, they advocate for a stay order on municipal corporations to prevent animal relocation until a truly humane solution for all beings is found. This would stop irreversible tragedies like the death of traumatised animals packed into alien spaces.
A Humane Blueprint Exists: Lessons from the Netherlands and Bhutan
The authors emphatically state that a compassionate solution is not utopian. They cite the Netherlands as the first country to eliminate stray dogs, not through impounding and killing, but via strict animal welfare laws, promoting adoptions, and banning puppy farms. The Dutch successfully implemented a CNVR (Collect, Neuter, Vaccinate, Return) policy, a model India's ABC rules mirror but have failed to execute. Closer to home, Bhutan has achieved 100% sterilisation and vaccination of its stray dog population. These examples prove that a systematic, welfare-oriented approach works.
India, with a Constitution that upholds compassion for all living creatures and a culture that reveres the dignity of animals, is uniquely positioned to lead. The Supreme Court itself has affirmed since 1974 that the right to life under Article 21 is not confined to a 'mere animal existence'. The authors call for updating our lexicon to embrace the right of all beings to a dignified life. The challenge and opportunity for India's politicians, judges, and citizens is to transform this development story into a global exemplar of trans-species coexistence, turning the principle of Vasudhaiva Kutumbakam into lived reality.
