The Karnataka High Court has quashed a circular issued by the Union Ministry of Fisheries, Animal Husbandry and Dairying Department that banned the breeding and sale of 23 breeds of ‘ferocious’ dogs. The court noted that “none of the stakeholders” including groups representing pet owners had been consulted while formulating the circular.
The court order stated, “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 judge stated that the circular did not adhere to guidelines mentioned in the Animal Birth Control rules and could not be held contrary to the law and therefore had to be obliterated.
However, the court clarified that the circular’s obliteration would not come in the way of the Central government bringing in an amendment to any of the rules framed under the Prevention of Cruelty to Animals, 1960, after following due process of law.
The court emphasised the importance of consulting all stakeholders such as pet owners and relevant organisations like ‘People For Ethical Treatment of Animals’ and those that certified breed dogs; and these consultations should revolve around responsible pet ownership.
The petitioners had argued that the circular was highly arbitrary, lacked jurisdiction and was discriminatory. The plea also held that no particular breed could be branded aggressive and that any lone incidents of attack could be ascribed to faulty socialisation or training.
