Karnataka HC Overturns Centre's Ban On 23 'Ferocious' Dog Breeds, Asks To Consult Stakeholders

Karnataka HC Overturns Centre’s Ban On 23 ‘Ferocious’ Dog Breeds, Asks To Consult Stakeholders

Karnataka News: The Karnataka High Court has invalidated a circular issued by the central government that issued a ban on 23 breeds of dogs deemed as “ferocious” and dangerous to human life. The court ruling stated that the ban was imposed without consulting any stakeholders, particularly groups representing pet owners.

The order was delivered by Justice M Nagaprasanna, a single judge bench, who stated that the central government has the opportunity to issue a revised circular after proper consultation with experts and adherence to due process.

The court stated that none of the stakeholders, including organizations representing pet owners, were given a chance to express their views. It also mentioned that the composition of the committee responsible for recommending the ban did not comply with the Prevention of Cruelty to Animals Act. The ruling mentioned that the ban was imposed without a recommendation from a properly constituted committee, making it contrary to the law and therefore invalid.

As per the HT report, the court stressed the importance of consulting pet owners and relevant organizations before implementing such bans, recommending the involvement of organizations certifying dog breeds and People for the Ethical Treatment of Animals (PETA) in the consultation process. The focus of these consultations should be on responsible pet ownership, according to the court.

The High Court’s decision came in response to a joint petition filed by a professional dog handler and the owner of a Rottweiler. The petitioners argued that the expert committee responsible for the ban had not consulted any stakeholders before making its recommendations.

During the proceedings, advocate Swaroop Anand P represented the petitioners, while Additional Solicitor General Aravind Kamat presented the case on behalf of the central government.

The circular, which has now been scrapped, urged all states and Union territories to prohibit 23 breeds of dogs considered “ferocious” and hazardous to human life. The circular was issued following the central government’s assurance to the Delhi High Court in December 2023 to address the demand for a ban on licenses for breeds categorised as dangerous.

The petition challenging the circular argued that it was highly arbitrary, lacked jurisdiction, and exhibited discrimination. It contended that no specific dog breed could be identified as inherently aggressive, and incidents of attacks could be attributed to untrained and unsocialised dogs. The petitioner further argued that the classification in the circular was arbitrary, as certain dog breeds not covered by the ban had also been involved in attacks.

Among the breeds listed in the circular were the Pitbull Terrier, Tosa Inu, American Bulldog, Caucasian Shepherd Dog (Ovcharka), Mastiffs (Boerbulls), Rottweiler, and Terriers.