Karnataka HC Revokes Central Government’s Ban on 23 “Ferocious” Dog Breeds

Update - Guidelines Required For Pet Parents, Any Dog Can Become Ferocious Says Karnataka High Court

Karnataka: The Karnataka High Court has revoked the Central Government’s ban on 23 “Dangerous” or “ferocious” dog breeds. The circular was initially issued by the central government in March, outlining the provisions for a ban on certain dog breeds that are considered “dangerous” due to their strength or aggressive nature. 

On Wednesday, 10 April, the Karnataka High Court revoked the center’s ban, stating that “none of the stakeholders” were consulted during the decision-making process, especially pet owners and groups that represent pet owners. The order was issued by a single judge bench of Justice M Nagaprasanna and said that the Central Government can issue a revised circular after consulting the relevant experts and complying with the due process. 

“It is an admitted fact that none of the stakeholders were heard. The composition of the committee is not in consonance with the Prevention of Cruelty to Animals Act. The Union of India could not have imposed the ban without a recommendation from a properly constituted committee,” legal news website LiveLaw reported, citing the order.

The judged added that the circular “travels beyond what is found in Animal Birth Control Rules” and “cannot but be held to be contrary to the law and therefore has to be obliterated. It is an admitted fact that none of the stakeholders are heard. The composition of the committee is not in consonance with the Rule framed under the Prevention of Cruelty to Animals Act. The Union of India could not have imposed the ban without appropriate recommendation from a properly constituted committee,” the ruling added, according to LiveLaw.

The court also emphasized the importance of consulting pet owners and representative organizations before implementing bans of such nature and stated that stakeholders must include organizations which certify dog breeds and the People for the Ethical Treatment of Animals (PETA). “The focus of such consultations should be on responsible pet ownership,” it added.

The order was passed after a joint petition filed by a professional dog handler who also owns a rottweiler, which was among the banned breeds in the Central Government’s circular. The petitioner alleged that the expert committee’s recommendations, upon which the circular was released had not consulted any stakeholders before making the decision. Representing the petitioners before the High Court was advocate Swaroop Anand P, while Additional Solicitor General Aravind Kamat presented the case for the central government.

The now-defunct circular issued by the central government urged states and union territories to restrict the sale, breeding, and registration of 23 dog breeds deemed t be “ferocious” or “dangerous” to human life. The petition argued that the central government’s circular was highly arbitrary, lacked jurisdiction, and showed breed discrimination.  

The plea also argued that no breed of dog can be categorized as an inherently aggressive breed. It also added that any isolated incidents or attacks can be chalked up to untrained and unsocialized dogs. “There are several dog breeds which are not covered under the impugned circular which have also caused dogs attacks, and for the said reason the rationale behind the classification in the impugned circular is highly arbitrary and is liable to be set aside,” Bar and Bench quoted the petitioner as contending.

The circular from the central government named breeds like the Pitbull Terrier, Caucasian Shepherd Dog (ovcharka), Tosa Inu, American Bulldog, Mastiffs (boerbulls), Rottweiler and various types of Terriers among those dogs that are banned.