In a significant ruling, the Karnataka High Court has invalidated a circular issued by the central government that banned 23 breeds of dogs deemed ‘ferocious’ and hazardous to human life. The court’s decision comes in response to a petition challenging the ban, citing a lack of stakeholder consultation in the decision-making process.
The order, issued by a single judge bench of Justice M Nagaprasanna, highlighted the need for more consultation with stakeholders, particularly groups representing pet owners, during the formulation of the ban. The court emphasized that the central government has the opportunity to issue a revised circular after engaging in proper consultation with experts and 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,” the court stated, as reported by legal news website LiveLaw. The court further criticized the circular for exceeding the scope of the Animal Birth Control Rules and deemed it contrary to the law, thus warranting its annulment.
“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 reiterated, underscoring the necessity for stakeholder engagement before implementing such bans.
The court stressed the importance of consulting pet owners and relevant organizations, including those certifying dog breeds and animal welfare groups like People for the Ethical Treatment of Animals (PETA). It emphasized that responsible pet ownership should be the focal point of such consultations.
The ruling was prompted by a joint petition filed by a professional dog handler and the owner of a Rottweiler, who alleged that the expert committee, whose recommendations led to the circular, had failed to consult any stakeholders before making the decision. Advocate Swaroop Anand P represented the petitioners before the High Court, while Additional Solicitor General Aravind Kamat presented the case for the central government.
The circular, which urged all states and Union territories to prohibit 23 breeds of dogs considered ‘ferocious,’ was issued following the central government’s assurance to the Delhi High Court in December 2023 to address demands for a ban on licenses for breeds categorized as dangerous. The petition argued that the circular was arbitrary, lacked jurisdiction, and exhibited discrimination.
It contended that no particular dog breed could be singled out as inherently aggressive, attributing any incidents of attacks to untrained and unsocialized dogs. The circular had listed breeds such as the Pitbull Terrier, Tosa Inu, American Bulldog, Caucasian Shepherd Dog (ovcharka), Mastiffs (boerbulls), Rottweiler, and Terriers among those prohibited.
