Examine the overlapping jurisdiction of central, state and local bodies in managing stray animal menace in India, with reference to recent Supreme Court directions.
In this answer
Stray animal management is legally a local function, yet enforcement failures have drawn in courts and central agencies alike — as seen when NHAI told the Supreme Court in September 2026 that it cannot herd cattle off highways. The menace is thus less a legal vacuum than a coordination failure.
Statutory allocation of duty
- The Animal Birth Control (ABC) Rules, 2023, notified under the Prevention of Cruelty to Animals Act, 1960, place sterilisation and vaccination on municipalities, corporations and panchayats [1][2].
- States may empower panchayats to run cattle pounds (kanji houses) and gaushala shelters — the only lawful destination for an impounded animal [2].
- The Centre's role is enabling: no dedicated central fund for stray cattle exists, only Animal Welfare Board of India assistance [2]. Civic duties stand devolved under the 74th Amendment.
Where recent SC directions cut across layers
- The Court's November 2025 direction required States/UTs to fence schools, hospitals, bus stands and railway stations and clear highways of strays within eight weeks, with municipal pick-up drives and personal accountability of Chief Secretaries [3].
- NHAI and PWD were additionally tasked with patrolling teams and a public helpline [3] — moving a road-infrastructure body into animal custody functions.
- NHAI consequently sought modification, citing a ₹7,000 crore shelter cost and arguing the statutory duty lies with States and local bodies; a special Bench was agreed to [4].
Why the overlap persists
- Mandate mismatch: NHAI owns the carriageway and collects toll but has no power to impound; local bodies hold the power without capacity.
- Unfunded mandate: ABC support is only ₹800 per dog and ₹600 per cat, with no per-animal provision for cattle [2].
- Where every office is responsible, none is answerable — so duty slides upward to whichever body has a budget.
The remedy is functional separation, not fresh litigation: engineering measures — fencing, cattle-proof underpasses, helplines and NHAI's own cattle-shelter pilot along national highways [5] — with NHAI, and impounding, sterilisation and custody with local bodies, backed by tied per-animal grants. Aligning legal power, capacity and finance at the local tier would make judicial intervention unnecessary and give effect to the spirit of decentralised self-government.
Sources
- 1Animal Birth Control Rules, 2023 notified by Central Government — PIBABC Rules notified under PCA Act, 1960; duty on local bodies
- 2Stray Animal Welfare — PIBmunicipal/panchayat duty, cattle pounds and gaushalas, absence of dedicated central cattle fund, ₹800 per dog and ₹600 per cat ABC assistance
- 3Supreme Court issues directions to curb stray dog menace and clear highways of cattle — News On AIR (Prasar Bharati)fencing of public spaces, eight-week timeline, NHAI/PWD patrolling and helpline, Chief Secretaries' accountability
- 4"SC to set up special bench to hear NHAI plea against direction to build shelters for stray cattle" (news report, 22 September 2026) — NHAI's ₹7,000 crore cost plea and its stand that the duty is statutorily that of States and local bodies *(publisher site not machine-verifiable; cited title-only)*
- 5NHAI undertakes pilot project to prevent stray cattle related accidents on National Highways — PIBNHAI's engineering-side pilot within its own competence