India just witnessed something extraordinary: a two-judge bench of the Supreme Court ordered Delhi–NCR to round up every stray dog and move them into shelters within eight weeks, warning of contempt for anyone who resists. The order, passed on 11 August 2025, explicitly rubbishes the government’s own Animal Birth Control (ABC) Rules, 2023—which require sterilise-vaccinate-return (SVR) and bar relocation. Meanwhile, on the fundamental question of marriage equality, a five-judge Constitution Bench in Supriyo v. Union of India (17 Oct 2023) declined to recognise same-sex marriage, saying Parliament must act. The contrast is stark—and troubling.
The duplicity problem
• On stray dogs (2025): Multiple outlets report the Supreme Court directed MCD/NDMC/Noida/Gurugram/Ghaziabad to remove all street dogs to shelters and never release them back—contrary to ABC 2023’s core SVR principle. Reports also quote the bench calling the “sterilise and return” rule “absurd”, and warning NGOs not to obstruct. Subsequent coverage shows the CJI indicating the Court “will look into” conflicts with earlier SC positions that barred killing/relocation.
• On marriage equality (2023): A five-judge bench held that recognising same-sex marriage under the Special Marriage Act is for Parliament, not the Court. The Court acknowledged discrimination against LGBTQ+ people but refused to read queer couples into the SMA, instead suggesting a government committee to consider limited benefits.
If a two-judge bench can, in effect, override a central rule and upend the ABC policy nationwide (de facto, via a Delhi–NCR precedent), why was a five-judge bench unwilling to interpret the SMA to uphold equal citizenship? The institutional posture flips: muscular, near-legislative urgency for dogs; judicial restraint for queer families.
Why the dog order is legally and practically dangerous
• Conflicts with law & policy: The ABC Rules, 2023 (notified under the Prevention of Cruelty to Animals Act) codify sterilisation, vaccination, and return to the same locality. They also provide for designated feeding points and humane management. The SC’s relocation directive collides with this framework.
• Unworkable on the ground: Delhi–NCR lacks the shelter infrastructure to permanently house tens of thousands of dogs. Civic bodies and activists warn of overcrowding, disease, and cruelty if mass detention is attempted. Even cities outside NCR are saying they simply cannot emulate this model.
• Counterproductive for public health: ABC’s SVR model is designed to reduce bites and rabies by stabilising territorial packs and maintaining vaccination coverage. Forced removals often trigger ecological gaps, influx of unvaccinated dogs, and more conflict.
Given these risks, the Court’s willingness to make a sweeping, arguably suo motu-style intervention (as several reports characterise it) feels less like adjudication and more like policy-making.
Meanwhile, queer couples are told to wait for Parliament
In Supriyo, the Court affirmed dignity and non-discrimination but declined to provide a workable remedy through interpretation—despite doing exactly that in many rights cases. It was content to ask the executive to study “benefits” while keeping the door shut on equal marriage and adoption. For LGBTQ+ Indians, the message is: your equality is a legislative grace, not a judicial guarantee.
Is this about politics?
I worry this sudden, headline-grabbing “law-and-order” posture on dogs is a political distraction at a time when allegations about election integrity are flaring. Rahul Gandhi and the Congress have launched campaigns on “vote theft,” citing manipulation across dozens of constituencies and fake voters—charges that, if true, strike at the heart of democracy. These remain allegations, and must be investigated transparently; but the timing is conspicuous.
What the record shows (for readers who want the receipts)
• Stray dog order (Aug 11, 2025): Reuters, Indian Express, DD News and others report the Court directed capture and relocation to shelters within eight weeks; follow-ups note possible review because of conflicting past orders.
• ABC Rules, 2023 (Mar 10, 2023): Government-notified rules mandate sterilise-vaccinate-return, designated feeding areas, and humane management by local bodies/AWOs.
• Marriage equality (Oct 17, 2023): Five-judge bench in Supriyo declines to recognise same-sex marriage; says Parliament must decide; suggests an executive committee for limited rights. Official judgment and reputable summaries available.
• Election integrity claims (Aug 2025): Rahul Gandhi alleges “vote-chori” in 48 seats, protests announced; these are currently claims by the opposition, not findings by a court or inquiry.
My stance
When courts flex power to reorder city life overnight—but plead restraint on core constitutional equality—the result feels like duplicity. Stray dogs are not pawns in a political game; they are sentient beings protected under our laws. Delhi–NCR should implement ABC 2023 rigorously—high-coverage sterilisation, mass anti-rabies vaccination, monitored feeding points, quick response to aggression—rather than unlawful, unscientific mass detention. And LGBTQ+ Indians deserve more than dignity in theory; they deserve equality in fact.
If we can uproot an entire animal-management regime with two signatures, surely we can find the constitutional courage to read equality into our marriage laws—or at the very least, to stop treating queer rights as someone else’s homework.
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Note on sources & fairness: I’ve cited mainstream reporting, government notifications, and the Supriyo judgment. The bench composition and some characterisations (e.g., “absurd” remark on SVR) come from multiple reports; if the Court issues a formal clarification or stay, that will need to be reflected. Allegations of “vote theft” are presented as claims by Rahul Gandhi and the Congress, pending independent verification.
