Team Blitz India
THE Karnataka High Court has stayed the operation of a circular issued by the Union Ministry of Fisheries, Animal Husbandry and Dairying Department, which bans rearing of certain breeds of dogs on the ground of them being ferocious and dangerous to human life, reports Live Law.
A single-judge Bench of Justice M Nagaprasanna passed the order on a petition filed by one King Solomon David, a dog trainer, and another. “Operation of the circular is stayed only in the State of Karnataka”, the Bench clarified. The circular bans the following breeds of dogs: breeds (including mixed and cross breeds) like Pitbull Terrier, Tosa Inu, American Staffordshire Terrier, Fila Brasileiro, Dogo Argentino, American Bulldog, Boerboel, Kangal, Central Asian Shepherd Dog (ovcharka), Caucasian Shepherd Dog (ovcharka), South Russian Shepherd Dog (ovcharka), Tornjak, Sarplaninac, Japanese Tosa and Akita, Mastiffs (boerbulls), Rottweiler, Terriers, Rhodesian Ridgeback, Wolf Dogs, Canario, Akbash dog, Moscow Guard dog, Cane corso and every dog of the type commonly known as a Ban Dog (or Bandog).
Expert panel report
The circular also requires those, who have reared the aforesaid breed of dogs as pets with them, to sterilise their pets and stop further breeding. The circular was issued pursuant to an Expert Committee constituted under the chairmanship of Animal Husbandry Commission with members from various stakeholder organisations and experts. The committee identified the aforesaid breed of dogs as ‘ferocious and dangerous to human life’.
The Deputy Solicitor General of India informed the court that the impugned circular was issued on the strength of an order passed by the Delhi High Court in a public interest litigation. The Bench pointed that the Delhi High Court was unequivocal in directing that all stakeholders must be consulted before consideration of the representation. Noting that the Kennel Club of India, which has various chapters all over the nation, has not been heard, the court said “The circular refers to members of several stakeholder organisations being a part of the Expert Committee, there are several who would not be heard.”
Stakeholders’ view
Further taking into consideration the submission of the petitioners that to identify a particular breed of dog to be ‘ferocious and dangerous to human life’ would require profound expertise, the court observed “The High Court of Delhi had clearly indicated that all the stakeholders shall be consulted, not a few or various. All means, each and every, the Kennel Club of India is one, which is not consulted is the submission.”
Following which it stayed the circular and directed the DSGI to produce those documents that went into decision making of the impugned circular. The matter will be next heard on April 5.
