Nagpur: Caught between judicial pressure and legal constraints, Nagpur city police have told the Nagpur Bench of the Bombay High Court that they are largely helpless in tackling the escalating stray dog menace due to existing laws that prohibit the killing or culling of strays.
In a detailed affidavit submitted on Friday, Deputy Commissioner of Police (Headquarters) Ashwini S Patil acknowledged that the police are trying to act on repeated directives from the court. However, she pointed out that key provisions like Section 44 of the Maharashtra Police Act have become ineffective in practice.
Gold Rate
26 July 2025
“Due to the prohibition on destruction or killing of dogs, it is not possible to implement Section 44 of the Maharashtra Police Act in its true spirit,” Patil stated. The section allows police to seize or destroy stray dogs found roaming without collars or identification. But it simultaneously protects dogs with collars and limits action unless the animal is certified as rabid, rendering enforcement difficult.
The affidavit was filed in response to a Public Interest Litigation (PIL) by social activist Vijay Talewar and community leader Manoj Shakya. The duo have been campaigning for a coordinated and firm crackdown on stray dog attacks, which have surged across the city. Their petition gained urgency following the recent death of a minor boy in Kalamna, who fell from a sixth-floor balcony while running from a stray dog.
During the previous hearing on July 14, a division bench of Justices Anil Kilor and Manohar Nerlikar had pulled up both the police and municipal authorities for inaction. “How many times must we repeat ourselves?” the bench had asked, reacting to the grim incident highlighted by the petitioners’ counsel, senior advocate Firdos Mirza.
In response, the police cited compliance steps taken post-November 2022, including issuing circulars to involve an Assistant Commissioner of Police in liaising with the Animal Birth Control (Dog) Rules, 2001 committee. Public awareness initiatives have also been rolled out to encourage citizen participation in reporting stray threats.
Despite these efforts, the police said their hands remain tied. “Without policy changes at the national or state level, Section 44 remains toothless,” Patil reiterated in the affidavit.
Petitioners Talewar and Shakya, representing Ramdaspeth Durga Pooja Utsav Mandal and Kachipura Kushwaha Samaj respectively, have now urged the court to issue unambiguous directives that prioritize public safety over bureaucratic hurdles.
“Ambiguity in law should not become a reason for more innocent lives being lost,” the petitioners told the court, warning that the problem is growing into a public safety emergency.
