The Karnataka High Court struck down on Wednesday the central government notification of March 12 asking the governments of states and Union territories to ensure that no permission is given to breed, keep or sell dog breeds considered “dangerous for human life”. The list of ‘banned’ dogs included popular varieties such as the American pit bull terrier, which is not recognized as a distinct breed by the American Kennel Club, and breeds such as the rottweiler.
Quashing the circular sent by O.P. Chaudhary, joint secretary in the department of fisheries, animal husbandry and dairying, Justice M. Nagaprasanna of the Karnataka High Court said the government has no power under the provisions of the Prevention of Cruelty to Animals Act, 1960, or the Animal Birth Control Rules to impose such a ban on particular breeds of dogs. The justice had, on March 19, stayed the operation of the circular in the territory of Karnataka.
The circular, sent to the chief secretaries of all states and Union territories, had the effect of prohibiting the possession, breeding and sale of dogs belonging to these breeds. The circular also said that those already owning such dogs must get them neutered or spayed. The chief secretary is the top bureaucrat in the government of a state or Union territory.
Also read: Preventing dog bites is not rocket science
The circular was issued after the Centre filed an affidavit before the Delhi High Court promising to consider a petitioner’s representation seeking a ban on certain dog breeds. In its affidavit, the government said the decision would be made after hearing all stakeholders.
Three other high courts are also hearing challenges to the circular. The Calcutta High Court on March 21 partially stayed the circular. The Delhi High Court is hearing a petition challenging the directive to compulsorily sterilize dogs of certain breeds. On March 31, the Kerala High Court stayed the portion of the circular relating to keeping dogs on the ‘prohibited’ list as pets.
The circular was challenged in the Karnataka High Court by two Bangalore residents, King Solomon David, a professional dog handler, and Mardona Jones, owner of a rottweiler. The petitioners claimed that the expert committee that recommended the circular had not consulted all stakeholders.
On March 19, Justice Nagaprasanna said that until the deputy solicitor general of India produces “those documents that went into the decision-making of the impugned circular”, it “shall remain stayed” in Karnataka. The court noted that the circular applies across the country and could have a “devastating effect” on the breeds listed in it.
At the hearing on Wednesday, Justice Nagaprasanna observed that the government had admitted that none of the stakeholders was heard. “The composition of the committee was not in consonance with the rules framed under the PCA [Prevention of Cruelty to Animals] Act,” the justice said. “The central government could not have imposed a ban without appropriate recommendation from a properly constituted committee and a blanket ban could not have been imposed based on the existing ABC Rules in force.”
The court said it would be open to the government to amend the rules to reimpose the ban. But, it cautioned, the government would have to hear all stakeholders before amending the rules. The stakeholders would include not just pet owners but also the organizations certifying dog breeds and People for the Ethical Treatment of Animals.
Sandy Pawpaw
Sandy Pawpaw is a fierce advocate of unleashing the animal in, and with, you.