The Karnataka High Court today (April 10) quashed a circular issued by the Central government calling for a ban on 23 breeds of 'ferocious dogs which are dangerous for human life'. According to reports, a single-judge Justice M Nagaprasanna struck down the circular while also stating that the Central government is at liberty to issue a fresh circular after proper consultation and by following proper procedure.
The court highlighted the importance of consulting pet owners and relevant organisations before implementing such bans stressing on their responsibility in case their pets cause harm and incur expenses.
"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. Union of India could not have imposed a blanket ban in the teeth of rules in force. The circular travels beyond what is found in Animal Birth Control Rules. The circular cannot but be held to be contrary to the law and therefore has to be obliterated," the Karnataka HC held.
Ban 23 breeds of ferocious dogs: Centre tell states amid deaths due to pet dog attacks
Earlier, the central government directed states to ban the sale and breeding of 23 breeds of ferocious dogs, including Pitbull Terrier, American Bulldog, Rottweiler and Mastiffs, amid rising instances of people dying due to pet dog attacks.
The directive issued to states and Union Territories bars people from keeping as many as 23 breeds of dogs as pets. In a letter dated March 12 to chief secretaries of all states and UTs, the Department of Animal Husbandry and Dairying also said that these breeds of dogs, which have already been kept as pets, should be sterilised to prevent further breeding.
Flagging serious recent issues of death of human beings due to dog bites by some ferocious breeds of dogs kept as pets, the department said it has received representations from citizens, citizen forums and Animal Welfare Organisations (AWOs) to ban some of the breeds of dogs from keeping them as pets and other purposes.
The Department of Animal Husbandry and Dairying had set up an expert committee under the chairmanship of the Animal Husbandry Commissioner with members from various stakeholder organisations and experts in view of the representations.
Dog breeds that are dangerous for human lives | Read names here
The panel has identified 23 breeds of dogs, including mixed and cross breeds, as ferocious and also dangerous for human lives.
Pitbull Terrier, Tosa Inu, American Staffordshire Terrier, Fila Brasileiro, Dogo Argentino, American Bulldog, Boerboel Kangal, Central Asian Shepherd Dog and Caucasian Shepherd Dog are among the breeds sought to be banned from the Centre.
Other breeds include South Russian Shepherd Dog, Tornjak, Sarplaninac, Japanese Tosa and Akita, Mastiffs, Terriers, Rhodesian Ridgeback, Wolf Dogs, Canario, Akbash Dog, Moscow Guard Dog, Cane Corso and Bandog.
"The above dog breeds, including crossbreeds, shall be prohibited for import, breedings, selling as pet dogs and other purposes," the letter said, quoting the recommendations of the expert panel.
The Centre's Department of Animal Husbandry and Dairying has asked local bodies and state-level departments of animal husbandry not to issue any license or permit for the sale and breeding of banned dog breeds. The Centre has published the Prevention of Cruelty to the Animal (Dog Breeding and Marketing) rules, 2017 and the Prevent of Cruelty to Animal (pet shop) rules, 2018.
In the letter, Joint Secretary in the Department of Animal Husbandry and Dairying O P Chaudhary said implementation of the rules is vested in local bodies and state animal welfare boards as well as the Department of Animal Husbandry.
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