Delhi HC consolidates petitions against India’s ban on 23 aggressive dog breeds. Acting Chief Justice Manmohan and Justice Manmeet P.S. Arora emphasize the breeds’ danger to children.
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NEW DELHI: On Tuesday(2nd April), The Delhi High Court has consolidated multiple petition against the Indian government’s ban on commercial dealings and breeding of 23 dog breeds classified as aggressive.
The consolidation was carried out by a Division Bench comprising Acting Chief Justice Manmohan and Justice Manmeet P.S. Arora, who remarked on the serious nature of the breeds in question, noting these are “very ferocious dogs” and they are “hounding upon children”.
This implies that all related petitions previously under consideration by individual judges will now be amalgamated and reviewed collectively by the Division Bench.
ALSO READ: Delhi High Court Challenges Central Government’s Ban on 23 ‘Ferocious’ Dog Breeds
The justices emphasized the practicality of this approach, stating-
“Once the division bench is seized of the matter, all such cases should come here. In fact, all single judges must send their related matters here. We will summon the case files here. You file an impleadment application in the other pending PIL and we will hear you. We can’t have so many PILs on this.”
On March 12 notification by the Centre, which was met with opposition from the Pet Lovers’ Association among others. The association contested the ban, arguing it was enacted without adequate consultation or the opportunity for stakeholders to voice objections or suggestions.
Responding to these concerns, the bench articulated-
“Every dog lover or dog owner or association cannot be made a party and heard, that is impossible.”
They further explained the directive’s rationale-
“This has happened on our directions. It can’t be that we direct the central government to examine and then we say the central government can’t pass such an order. We will see and examine it.”
Additionally, the Division Bench has already taken procedural steps on a similar Public Interest Litigation (PIL) and dismissed the current petition, allowing the petitioner organization the option to participate in the ongoing matter through an impalement or intervention application.
Further complicating the scenario is the government’s directive issued on March 12, instructing states to cease the sale and breeding of 23 dog breeds recognized for their aggressive tendencies, including Pitbull Terriers, American Bulldogs, Rottweilers, and Mastiffs.
This was a measure taken in light of increasing incidents involving attacks by pet dogs. The directive not only prohibits the acquisition of these breeds as pets but also mandates the sterilization of such animals already owned, to prevent further propagation.
In the beginning of April, a single judge requested the Centre’s input on a challenge raised by a professional dog breeder and a dog enthusiast against the ban, branding it as arbitrary and unconstitutional. The petitioners contended that there was insufficient evidence to justify classifying these breeds as “ferocious” and argued that the ban encroaches upon individuals’ constitutional right to engage in any profession, trade, or business.
The Delhi High Court combined cases on April 2, 2024, to thoroughly review the ban.
The next hearing is set for April 9.
