BENGALURU: The Karnataka HC on Wednesday quashed the March 12, 2024, notification issued by the Centre, which had banned the import, breeding, selling as pets of 23 breeds of dogs deemed 'ferocious', pointing out that none of the stakeholders were consulted as mandated by the Delhi HC.
Justice M Nagaprasanna stated that the ban was not in accordance with the Prevention of Cruelty to Animals Act, as none of the stakeholders were consulted, and the committee's composition did not align with the Act. The judgment highlighted that the circular surpassed Animal Birth Control Rules, necessitating its obliteration. The court deemed the ban inconsistent with existing rules and ruled it unlawful.
"This (quashing) will not prevent the Centre from issuing a fresh circular or introducing a legal amendment after consulting relevant stakeholders."
Not every pet owner is considered a stakeholder. Stakeholders so consulted should include organisations that certify breeds of dogs and People for the Ethical Treatment of Animals (PeTA) as well," the judge said.
"The responsibility of a pet owner goes beyond moral obligation; they should be held accountable for any treatment due to injuries caused by their dog, including a separate claim for damages. The court has reviewed the Dangerous Dogs Act of the UK and similar statutes," the judge observed. The central government had claimed the notification was issued in pursuance to the direction issued by Delhi HC through its order dated December 6, 2023.
The petitioners - both from Bengaluru -- had contended that the notification is without jurisdiction as the subject involved is basically a state subject.
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