The circular will be only stayed in the State of Karnataka, the single judge bench said
A Japanese Tosa Inu, one of the 23 dog breeds who were listed in the central circular. Photo: iStock The Karnataka High Court on March 19, 2024 stayed the Government of India’s recent circular on banning 23 breeds of domestic dog (Canis lupus familiaris) on the ground that they were ‘ferocious’ and a ‘threat to human life’.
The order was passed by a single judge bench of Justice M Nagaprasanna in response to a petition filed by King Solomon David and Mardona Jones. Both are residents of Bengaluru. David is also a dog trainer, according to media reports.
The circular will be only stayed in the State of Karnataka, according to the bench.
The Delhi High Court had directed the constitution of a committee of experts and animal welfare bodies in an order on December 6, 2023. The panel was to look into the issue of exotic dog breeds in India following several instances of attacks by such breeds, wherein adults and children had been mauled and severely injured in unprovoked attacks.
The Department of Animal Husbandry and Dairying had issued the circular to Indian states on March 12 and had “requested local bodies to not issue any licences or permit for sale and breeding of such dogs”.
The Karnataka High Court order noted:
The circular, while banning rearing of the aforesaid breed of dogs, further directs that all those who have appears to be 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 high court pointed out that “the Delhi High Court was unequivocal in directing that all stakeholders must be consulted before consideration of the representation”.
Read DTE Coverage: Centre contemplates ban on ‘ferocious’ dog breeds
But the Kennel Club of India was not among the stakeholders that had been consulted, the court pointed out:
The circular refers to members of several stakeholder organisations being a part of the Expert Committee, there are several who would not be heard.
David and Jones had also submitted in their petition that identifying a particular breed of dog to be ‘ferocious and dangerous to human life’ would require profound expertise.
“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.”
The court then stayed the circular. It also directed the Deputy Solicitor General of India to produce the documents that went into decision making of the circular.
The court next listed the matter for hearing on April 5.
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