Toady, 18thApril, The Delhi High Court invalidated a Central government circular banning specific “ferocious dog” breeds due to lack of private stakeholder consultation. They ordered a new circular after public objections were considered. Advocates represented various parties in the case, leading to the Court’s decision against the ban. The Karnataka High Court also set aside a similar circular on April 10.
New Delhi: The Delhi High Court recently invalidated a circular issued by the Central government prohibiting the import, breeding, and sale of specific breeds of “ferocious dogs”.
A Division Bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora annulled the circular while acknowledging the Central government’s statement that aside from governmental entities, no private organizations consulted prior to the imposition of the ban.
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The Court ordered,
“The counsel for the Central government mentioned that he does not oppose setting aside the challenged circular, provided that the respondents are directed to issue a new circular or notification after allowing all stakeholders to voice their objections. Considering the statement made by the learned counsel for the Union of India, the circular dated 12th March 2024 is invalidated.”
The Bench noted that due to the impracticality of conducting oral hearings for every dog owner, the government would publish a public notice in a national newspaper and on its website. This notice would invite written objections regarding the proposed/draft notification or amendment to the rules within a two-week period.
The Bench ordered,
“The objections submitted in response to the advertisement or publication on the website must be reviewed and resolved by the respondents prior to the issuance of the final notification, as was the case with the challenged circular.”
Advocates Nikhil Palli, Kshitij Pal, and Arinjay Singh represented petitioners Sikander Singh Thakur & Ors.
Advocate Gaurav Varma stood for the Canine Welfare Organisation.
Central Government Standing Counsel Rajesh Gogna, along with Advocates Neha Sharma, Priya Singh, and Karnika Bahuguna, represented the Animal Welfare Board of India.
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Advocates Prtha Srikumar, Anusha Murti, and Atharv Gupta appeared for PETA.
The Court issued these directions while resolving a group of petitions contesting the Central government’s decision to prohibit 23 breeds of “ferocious dogs.”
The Department of Animal Husbandry and Dairying of the Government of India issued a circular on March 12 instructing all states and union territories to ban 23 breeds of “ferocious dogs”.
The species that prohibited include:
- Pitbull Terrier
- Tosa Inu
- American Staffordshire Terrier
- Fila Brasileiro
- Dogo Argentino
- American Bulldog
- Boerboel
- Kangal
- Central Asian Shepherd Dog (Ovcharka)
- Caucasian Shepherd Dog (Ovcharka)
- South Russian Shepherd Dog (Ovcharka)
- Tornjak, Sarplaninac
- Japanese Tosa
- Japanese Akita
- Mastiffs
- Rottweiler
- Terriers
- Rhodesian Ridgeback
- Wolf dogs
- Canario Akbash dog
- Moscow Guard dog
- Cane Corso
- Every dog of the type commonly known as Ban Dog (or Bandog).
It’s worth noting that in an order issued on April 10, the Karnataka High Court set aside the circular.
The circular also mandated that individuals who own the aforementioned dog breeds as pets must sterilize their pets and cease further breeding.
Read Judgement: [Sikander Singh Thakur vs. Union of India & Ors]