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The Karnataka High Court on Wednesday squashed a circular issued by the central government that called for a ban on 23 breeds of ‘ferocious dogs considered dangerous for human life’, noting that “none of the stakeholders” — especially groups representing pet owners — were consulted in the process.
The order was issued by a single judge bench of Justice M Nagaprasanna, which added that the central government has the liberty to issue a revised circular following proper consultation with experts and after adhering to due process.
“It is an admitted fact that none of the stakeholders were heard. The composition of the committee is not in consonance with the Prevention of Cruelty to Animals Act. The Union of India could not have imposed the ban without a recommendation from a properly constituted committee,” legal news website LiveLaw reported, citing the order.
The judged added that the circular “travels beyond what is found in Animal Birth Control Rules” and “cannot but be held to be contrary to the law and therefore has to be obliterated”.
“It is an admitted fact that none of the stakeholders are heard. The composition of the committee is not in consonance with the Rule framed under the Prevention of Cruelty to Animals Act. The Union of India could not have imposed the ban without appropriate recommendation from a properly constituted committee,” the ruling added, according to LiveLaw.
The court stressed the importance of consulting pet owners and relevant organisations before implementing such bans and held that stakeholders should include organisations certifying dog breeds and People for the Ethical Treatment of Animals (PETA). “The focus of such consultations should be on responsible pet ownership,” it added.
The order was passed following a joint petition filed by a professional dog handler and the owner of a Rottweiler, alleging that the expert committee, whose recommendations prompted the circular, had neglected to consult any stakeholders before the decision.
Representing the petitioners before the High Court was advocate Swaroop Anand P, while Additional Solicitor General Aravind Kamat presented the case for the central government.
The now-scrapped circular issued urged all states and Union territories to prohibit 23 breeds of dogs deemed ‘ferocious’ and hazardous to human life and was issued after the central government’s assurance to the Delhi High Court in December 2023 to address the demand for a ban on licenses for breeds categorised as dangerous.
The petition argued that the circular was highly arbitrary, lacked jurisdiction, and exhibited discrimination.
The plea also argued that no particular dog breed can be identified as an aggressive breed. Any stand-alone incident of attack by the breed can be attributed only to untrained and unsocialised dogs, it added. “There are several dog breeds which are not covered under the impugned circular which have also caused dogs attacks, and for the said reason the rationale behind the classification in the impugned circular is highly arbitrary and is liable to be set aside,” Bar and Bench quoted the petitioner as contending.
The circular named breeds such as the Pitbull Terrier, Tosa Inu, American Bulldog, Caucasian Shepherd Dog (ovcharka), Mastiffs (boerbulls), Rottweiler and Terriers among those prohibited.
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