Karnataka High Court has put a temporary hold on the implementation of a contentious circular issued by the Central government. The stay, mandated by Justice M Nagaprasanna, marks a pivotal moment for pet owners and dog handlers throughout Karnataka, igniting a wider conversation about animal rights and public safety.
The Karnataka High Court on Tuesday has put a temporary hold on the implementation of a contentious circular issued by the Central government. This circular aimed to ban 23 breeds of dogs, deemed ‘ferocious and dangerous for human life’. This stay, ordered by Justice M Nagaprasanna, signifies a significant moment for pet owners and dog handlers across Karnataka, sparking a broader discussion on animal rights and public safety.
The order emerged from a joint petition spearheaded by a professional dog handler and a Rottweiler owner. They argued that the Expert Committee, whose recommendations underpinned the government’s decision, did not engage with relevant stakeholders before concluding which breeds should be classified as hazardous.
Justice Nagaprasanna’s ruling stipulates that until the Deputy Solicitor General of India provides documentation detailing the basis for the government’s decision, the contentious circular “shall remain stayed, only in the State of Karnataka.” This stay brings temporary relief to dog owners in the state, suspending the directive that current owners of such breeds must have their pets sterilized to prevent further breeding.
The central government’s circular had national implications, directing all states and union territories to enact bans on the specified dog breeds. This move followed assurances given to the Delhi High Court in December 2023, where the government pledged swift action regarding the prohibition of licenses for keeping breeds considered dangerous.
The Expert Committee responsible for identifying the ‘ferocious’ breeds included various stakeholders and experts under the chairmanship of the Animal Husbandry Commissioner. The list includes breeds such as Pitbull Terrier, Rottweiler, and American Bulldog, among others, sparking widespread debate over the criteria used to classify these dogs as inherently dangerous.
The petitioners in the Karnataka High Court challenged the circular’s validity, labeling it arbitrary, discriminatory, and lacking proper jurisdiction. They contended that no dog breed should be inherently labeled aggressive, emphasizing that incidents of dog attacks are often due to lack of proper training and socialization rather than breed-specific traits. The plea also highlighted the omission of certain breeds from the circular, which have been associated with attacks, questioning the rationale behind the government’s classification.
During the proceedings, the petitioners underscored the oversight in not consulting the Kennel Club of India, an entity well-versed in canine matters, prior to the circular’s release. They argued that a genuine assessment of a dog’s potential danger requires expert evaluation of the animal’s training and socialization, not just its breed.
Also Read-Central Government Asked To Ban On 23 ‘Ferocious Dog’ Breeds (lawchakra.in)
The Karnataka High Court also recognized the Delhi High Court’s directive for comprehensive stakeholder consultation before implementing such a ban. It observed that despite claims of stakeholder involvement in the Expert Committee, many relevant voices remained unheard.
As the matter is set to be heard again on April 5, the legal battle continues not just for the fate of the specified dog breeds in Karnataka, but also for the principles of due process and responsible pet ownership. The case presents a complex interplay between public safety concerns and the rights of pets and their owners, making it a landmark issue with far-reaching implications.
Represented by Advocate Swaroop Anand R, the petitioners’ fight against the circular illuminates the ongoing debate around breed-specific legislation and animal welfare in India.
List of Dogs :
- 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)