Across Species Lines: The Coexistence of Dogs and Humans

The top Court on Monday ordered the immediate removal of all stray dogs from public spaces in Delhi, Gurugram, Noida, and Ghaziabad. Maneka Gandhi calls it "impractical", "financially unviable" and "potentially harmful" to the region's ecological balance. If the dogs are removed, monkeys descend; rodents run amuck & create fiercer crisis for the humans. It is nearly impossible to shift 3,00,000 canines from four places Delhi, NOIDA, Gurgaon & Ghaziabad in 8 weeks. The canine lovers under the leadership of Maneka have already resolved to take initiative against the controversial order. The judgement carries emotional agony which the family has gone about when a six years old girl child met her untimely death due to dog bite. The SC took suo motu notice on Jul 28

Historical Background of the Dog

Dogs have a “right to life” under Article 21, but this coexists with humans’ right to safety. Dogs are considered the earliest domesticated four-footed animals by humans. Archaeological evidence places this relationship as far back as 15,000–30,000 years. Genetic studies show that modern dogs are resultant imprints as descendants of grey wolves, having evolved into a distinct subspecies through a gradual process of taming and domestication. Over thousands of years, exacting breeding shaped dogs into hundreds of distinct breeds with specialized roles - from hunting and herding to guarding and companionship. This long co-evolutionary journey forged a unique human-animal bond, making dogs “man’s best friend.”

Evolution of Dogs in the Modern Era

18th–19th Century: Emergence of formal breed classifications and kennel clubs in Europe.

19th Century: Dogs became increasingly popular as household companions, especially in middle-class homes.

20th Century: Dogs took on expanded roles in police, military, rescue, and service work (e.g., guide dogs for the visually impaired).

21st Century: Dogs are now widely recognized as family members, benefiting from advanced veterinary care, behavioural research, and cultural representation worldwide.

The dog - human connect between is no longer purely utilitarian; it is deeply emotional & symbiotic based on trust, empathy, and mutual respect. Across cultures, dogs are celebrated in mythologies and memorials, often symbolizing loyalty, courage, and unconditional love.

Canine Loyalty and Guarding Instincts

A dog’s loyalty is rooted in the pack instincts inherited from wolf ancestors. In the wild, wolves fiercely protect their pack while treating outsiders with suspicion - a survival mechanism redirected towards human families after domestication. Dogs identify and bond with caregivers through scent, voice, tone, and body language. While they feel secure with familiar humans, unexpected approaches by strangers-especially across perceived boundaries, can trigger a protective drive. Even today, dogs serve as early warning systems in rural areas, guarding farms, orchards, and livestock against threats. Thus, the dog remains a fierce friend at home, a sentinel at the gate, bound by trust but defensive against strangers — an instinct shaped over millennia.

Prevention of Cruelty to Animals Act, 1960- A Gist

The PCA Act aims to prevent unnecessary pain or suffering to animals and to amend laws relating to their welfare in India. It reflects the moral duty under Article 51A(g) of the Constitution:

“It shall be the duty of every citizen… to have compassion for living creatures.”

 Important Judicial Rulings

a) People for Animals V. State of Goa (1997) – Bombay High Court (Goa Bench)

Struck down bye-laws permitting indiscriminate killing of stray dogs.

Held: Any action must comply with the PCA Act and Animal Birth Control (Dogs) Rules, 2001.

b) N.R. Nair & OR’s. v. Union of India (2000) – Kerala High Court

Upheld restrictions on training and exhibition of certain animals.

Affirmed that rights under Article 19(1)(g) are subject to restrictions to prevent cruelty.

c) Animal Welfare Board of India v. People for Elimination of Stray Troubles (2009 onwards) – Supreme Court

Prohibited killing or culling of stray dogs except for incurable diseases or rabies, in line with ABC Rules.

Recognized sterilization and vaccination as lawful management methods.

d) Animal Welfare Board of India v. A. Nagaraja & Ors. (2014) – Supreme Court

Extended Article 21 to animals, affirming their right to life and dignity.

e) Gauri Maulekhi v. Union of India (2017) – Supreme Court

Prohibited illegal transport and slaughter of cattle; stressed that cultural practices cannot justify cruelty.

f) Ms. Afroz Shah v. State of Maharashtra (2021) – Bombay High Court

Directed that street dogs cannot be relocated except for lawful sterilization or medical care, and must be returned to the same location.

Constitutional Linkages

Article 21: Right to life extended to animals (as per judicial interpretation).

Article 51A(g): Fundamental duty to have compassion for living creatures.

Article 48A: Duty of the State to protect and improve the environment and safeguard wildlife.

Five Freedoms for Animals emanated from the Judgement of ibid case Animal Welfare Board of India v. A. Nagaraja & Ors. (2014) – Supreme Court

Freedom from Hunger and Thirst.

Urban Context and Challenges

With growing population density and rising stray dog numbers, urban India faces friction between humans and canines. Public Safety concerns call for dog bites, aggression and rabies outbreaks. WHO estimates 36% of global rabies deaths occur in India, with 37 lakh dog bite cases reported in 2024.Social Polarization lead to division between dog lovers and haters. Dog Lovers/Feeders often care for but do not adopt street dogs. Dog Hater often fearful rather than genuinely hostile, concerned about bites and safety. Neglected and space-deprived dogs are more likely to become aggressive. Even poorly trained pet dogs can cause harm if not properly socialized.

 Conventional & Ethical Connectivity

Dogs have coexisted with humans for over 20,000 years, serving as hunters, protectors, and companions. In Indian tradition, dogs are linked to Bhairava and Yama, symbolizing loyalty and guardianship. Rituals and festivals in certain regions include offerings to dogs, showing spiritual reverence. Since humans domesticated and shaped dogs’ dependence, we are ethically bound to ensure their welfare and survival.

Challenges:

The Apex Court took up Suo Motu a case on Jul 28, 2025 after a very disturbing news of death of a 6-year-old girl due to Rabies. As per the record released by WHO, 36% of Rabies deaths in the world occur in India due to dog bites. In 2024 only 37 lakh cases of dog bites cases were reported in India. Many such cases must have gone unreported. As per data presented by the Government in Parliament, there are around 1.52 crores stray dogs in India.

Unfortunately, the Court’s earlier verdicts were bereft of clarity, specificity & objectivity full of contradictions, in fact inadequate to provide a viable solution against the menace spread by dog biting.

The sterilization & immunisation were not found effective remedial measures to desist street dogs from biting which happens due to space constraints resulting into restrictions on freedom of dog. The dog menace is found predominantly in urban centres where density of population of humans become a threat to dogs who are neither attended to for space or for food. The overall neglect triggers agitation & reaction which may result into biting & harming a human particularly helpless old aged or children. The urban population has become polarised as dog lover & feeder & dog hater, a misnomer of course as in many cases, the feeders are not inclined to accept & adopt the stray dogs & dog haters are not de facto haters justifiably only afraid of dog biting. It is a matter of fact that the charity & kindness showered on pet at home is not allocated to the dog at street. When it comes to nuisance value which can be generated by a street canine, the pet if not well groomed, trained & taken care of, can wreck equal nature of havoc against the one who is not his friend owner.

Viability Outlook

Dog–human coexistence in today’s environment is possible but conditional.

 Strict enforcement of humane population control (ABC Rules).

 Balanced public safety measures.

 Public awareness on responsible feeding, adoption, and training.

 Effective implementation of laws and court rulings.

 Promote public awareness on safe cohabitation and feeding norms.

 Rabies Control: 100% anti-rabies vaccination (ARV) during sterilization drives.

 Cruelty Prevention: Any harm, poisoning, or abuse punishable under PCA Act & IPC.

 Promote adoption of abandoned pets to reduce street dog population pressure.

 Only trained dog-catchers appointed by municipal authorities.

 Humane capture- no strangulation, dragging, or injury.

 Early morning/late evening to reduce stress and heat impact.

The Legal rulings already provide a framework which revolves around humane treatment, controlled population management, and coexistence through shared space and respect. The real challenge lies in implementation, public sensitization, and reconciling human convenience with animal rights. The Judgement though raises specific social issue related to street dog but has maintained a mysterious & obviated distance from reasoned & calibrated judgement which ought to have suggested a few nuanced steps to check mate the population of street dog & their removal from crowded territorial

The main challenge is Bridging the gap between legal provisions and on-ground action, and reconciling human convenience with animal rights.

Author: Dr (Lt Col) Atul Tyagi, Practicing Advocate, Supreme Court / Delhi High Court, carries 40 years of active experience in the social, administrative, and legal arena & writes on contemporary issues which are published in e newspapers and journals. mob no: 9540652090, atultyagi100@gmail.com