Bengaluru, India

The high court of the Indian state of Karnataka rejected a circular which was issued by the Indian government directing a ban on 23 breeds of "ferocious dogs considered dangerous for human life". 

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The high court emphasised that “none of the stakeholders”, especially those groups which represented pet owners, were taken into consultation in the process.

Govt free to issue revised circular: Judge

A single-judge bench of Justice M Nagaprasanna issued the order and added that the union government is free to issue a revised circular after proper consultation with experts and following due process. 

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“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,” reported legal news website LiveLaw, while citing the order.

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The judge said that the circular “travels beyond what is found in Animal Birth Control Rules” and “cannot but be held to be contrary to the law and therefore has to be obliterated”.

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“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 an appropriate recommendation from a properly constituted committee,” read the ruling, as per LiveLaw.

The court stressed the importance of consulting pet owners and relevant organisations before implementing such bans and held that stakeholders should include organisations certifying dog breeds and People for the Ethical Treatment of Animals (PETA). “The focus of such consultations should be on responsible pet ownership,” it said.

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The court passed the order after a professional dog handler and the owner of a Rottweiler filed a joint petition alleging that the expert committee had not consulted any stakeholders before the issuance of the circular. The committee's recommendations led to the issuance of the circular.

Advocate Swaroop Anand P had represented the petitioners before the High Court and the case for the central government was presented by the Additional Solicitor General Aravind Kamat. 

The circular, which has now been scrapped, appealed to all states and Union territories to prohibit 23 breeds of dogs that were categorised hazardous and ‘ferocious’ to human life.

(With inputs from agencies)