Karnataka HC quashes Centre’s notice banning 23 ‘ferocious’ dog breeds
Justice M Nagaprasanna said that the Union government cannot impose the ban without recommendation from a properly constituted committee
In a boost to dog owners, the Karnataka high court on Wednesday (April 10) squashed the circular issued by the Union government banning the rearing of 23 ‘ferocious and dangerous’ dog breeds on the grounds that it was not backed by recommendations from relevant stakeholders.
According to a Live Law report, Justice M Nagaprasanna said that the Union government cannot impose the ban without recommendation from a properly constituted committee.
"The composition of the committee is not in consonance with the Rule framed under the Prevention of Cruelty to Animals Act,” said the single judge bench. Despite the fact that the Union government had pledged to hear all stakeholders.
However, the court clarified that the abolishing the circular did not mean that the Central government cannot bring in an amendment to any of the rules framed under the Prevention of Cruelty of Animals,1960 after following the due process of the law. It added that in the eventuality of the circular being revived the “stakeholders shall be heard”.
Who is a stakeholder here?
The judge also elaborated on who a stakeholder in this case would be.
It would not mean every pet owner, but an certified organisation that breeds would suffice, said the court. And went on to suggest that the company PETA who has sought to intervene shall also be heard by the Union government, in case it brings in a law.
Responsible pet ownership
The court also advised the government that they should focus on the concept of "responsible pet ownership". The government should aim to make the pet owners responsible for the acts of the dogs they own, whether ferocious or otherwise.
“Responsibility of pet owners will not be limited to only oral responsibility but should be made accountable for the entire treatment of the victim, who would be injured by the dog including separate claim for damages,” it said, referring to the rising incidences of dog attacks, including by pet dogs, in the country.
The petition
A petition by Bengaluru residents King Solomon David and Mardona Jones, was filed challenging the circular issued by the Union ministry of fisheries, animal husbandry and dairying department, which banned the rearing of certain breeds of dogs on the ground that they were ferocious and dangerous to human life in the state.
Advocate Swaroop Anand R appearing for the petitioner argued that not a single domain expert was there in the technical expert committee formed by the ministry for the purpose of issuing the circular. The Kennel Club of India is one (such stakeholder) not consulted, submitted the petitioner.
On March 12, 2024, the Union government issued a notification banning certain breeds of dogs considered ferocious and dangerous.
The advisory was issued after a report was submitted to a committee of experts and animal welfare bodies set up on the order of the Delhi high court. The Delhi high court gave the order on hearing a plea seeking a ban on dangerous dog breeds like pit bulls, American bulldogs and rottweilers.
The plea had argued that many countries had banned these breeds because they were considered dangerous and also cited the rising instances of dog bites in the country.
