[Ban on “ferocious” Dogs] Madras HC Restrains Union Gov. from Taking Final Decision

Thank you for reading this post, don't forget to subscribe!

Justice Anita Sumanth, presiding over the case, has issued a restraining order, preventing the Ministry from reaching a final decision until June 14. While the Ministry is allowed to continue gathering objections and comments from various stakeholders, they are prohibited from concluding the matter prematurely.

Chennai: Today (5 June): The Madras High Court restrained  the Union Ministry of Fisheries, Animal Husbandry and Dairying regarding the classification of certain dog breeds as “ferocious and dangerous to human life.” This decision could potentially lead to a ban on the import and breeding of these breeds.

Justice Anita Sumanth, presiding over the case, has issued a restraining order, preventing the Ministry from reaching a final decision until June 14. While the Ministry is allowed to continue gathering objections and comments from various stakeholders, they are prohibited from concluding the matter prematurely.

Additional Solicitor General (ASG) AR.L. Sundaresan has been tasked with providing clarification regarding a public notice issued on May 2, 2024, inviting comments on the subject. It is expected that by June 14, Sundaresan will have gathered the necessary instructions to address any concerns raised in the petition.

The interim order comes as a response to a writ petition filed by the Kennel Club of India (KCI), challenging the validity of the public notice. Senior Counsel R. Srinivas, representing the KCI, highlighted that an initial letter from a Joint Secretary to the Ministry, dated March 12, 2024, proposed banning several breeds after categorizing them as “ferocious and dangerous to human life.”

On 14th MarchThe Central Government directed all States and Union Territories to outlaw 23 breeds of ‘ferocious dogs’ due to their potential threat to human safety. The directive come after the government’s commitment to the Delhi High Court in December 2023 to promptly address calls for banning licenses for these perceived dangerous dog breeds.

Furthermore, the appeal criticizes the ambiguous terminology and criteria used in the circular, notably the undefined term “ferocious dog,” which lacks a clear legal or statutory framework within Indian law.

The Central government’s initiative, led by the Department of Animal Husbandry and Dairying, aimed to mitigate risks associated with specific dog breeds, including Rottweilers, Pitbull Terriers, and Mastiffs, among others. However, this legal contestation reflects the nuanced balance between ensuring public safety and protecting the rights and welfare of animals and their owners, heralding a pivotal moment in India’s legislative and judicial landscape.

FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE

author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

Similar Posts