Supreme Law News

Ban on 23 varieties of "ferocious dogs lifted

The circular was overturned by a single judge, Justice M Nagaprasanna, who also declared that the Central government was free to issue a new circular following the correct process and after adequate consultation.

In Shri King Solomon David & Anr v. Joint Secretary and Others, the Karnataka High Court on Wednesday invalidated a circular from the Central government that demanded the outlawing of 23 kinds of "ferocious dogs which are dangerous for human life."

The circular was invalidated by a single court, Justice M Nagaprasanna, who also declared that the Central government may issue new circulars as long as appropriate consultation and procedural guidelines are followed.

"It is a known truth that no one who was involved was given a voice. The committee's makeup does not comply with the Prevention of Cruelty to Animals Act. Without a committee that was duly constituted, the Union of India could not have enforced the ban. In spite of the laws in place, the Union of India could not have enforced a total prohibition. The circular goes beyond than what the Animal Birth Control Rules specify. The Court determined that the circular must be destroyed since it is unavoidably deemed to be illegal.

It did, however, add that the Central government would still be able to introduce a new circular on the matter or follow the correct procedures to change the law after consulting with all relevant parties.

The Court held that the People for the Ethical Treatment of Animals (PETA) and dog breed certification organizations should be among the parties consulted.

The Court further emphasized that proper pet ownership should be the main goal of any such endeavor.

"A pet owner's responsibility extends beyond just having moral accountability. The Court further stated that they ought to be held liable for the full course of care given to any victim who might have been hurt by a dog, including any additional damages claims.

The decision was made in response to a joint appeal filed by a Rottweiler owner and a professional dog handler. They claimed that no stakeholders were engaged prior to the decision being made by the Expert Committee, whose recommendation resulted in the circular.

The Center requested in its circular that 23 breeds of "ferocious dogs which are dangerous for human life" be outlawed in all States and Union Territories (UTs).

This came about after the Central government promised the Delhi High Court in December 2023 that it will make a decision on the request for a restriction on licenses to retain canine breeds that are deemed dangerous as soon as possible.

Following this, an Expert Committee made up of professionals and representatives of several stakeholder organizations determined which dog breeds were vicious and dangerous to human life. The committee was chaired by the Animal Husbandry Commissioner.

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

All canines of the breed commonly referred to as Ban Dogs (or Bandogs).

Therefore, the Central authority pushed all States and UTs to outlaw the aforementioned breeds.

The petitioners challenged the ruling in the Karnataka High Court, claiming the circular was incredibly arbitrary, without jurisdiction, and deeply discriminatory.

Additionally, the appeal contended that no one dog breed can be classified as hostile. It went on to say that any isolated attack by the breed can only be linked to the unsocialized and untrained canines.

"The reasoning behind the classification in the disputed circular is very arbitrary and is liable to happen again because there are a number of dog breeds that are not covered under it and have also resulted in dog attacks.

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( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )

Advocate & Consultant Supreme Court of India, High Courts & Tribunals.