The High Court of Karnataka on Wednesday quashed a circular issued by the Central government on March 12 banning 23 breeds of ‘ferocious and dangerous’ dogs.
The court said that the Central government could not have imposed a blanket ban on dog breeds through a circular in the absence of any such power available under the provisions of the Prevention of Cruelty to Animals Act, 1960 or the Animal Birth Control (ABC) Rules.
Justice M. Nagaprasanna passed the order while allowing a petition filed by King Solomon David and Mardona Jones, both residents of Bengaluru.
Delhi High Court
The High Court of Karnataka noticed that the circular was issued following an affidavit filed by the Central government before the Delhi High Court giving an undertaking that it would consider representation of a PIL petitioner for banning certain dog breeds, after hearing all the stakeholders. Also, the Central government had told the High Court of Karnataka that there was no consultation with the stakeholders.
“It is an admitted fact that none of the stakeholders were heard. The composition of the committee was not in consonance with the rules framed under the PCA Act. The Central government could not have imposed ban without appropriate recommendation from a properly constituted committee and a blanket ban could not have been imposed based on the existing ABC Rules being in force,” Justice Nagaprasanna observed, while holding that “the circular travels beyond what is found in the ABC Rules.”
Liberty to amend law
Meanwhile, the court said that the obliteration of the circular will not prevent the Central government from amending the rules for imposing the ban. However, the court also said that the Central government has to hear all the stakeholders, not all pet owners but all the organisations certifying dog breeds, and the People for Ethical Treatment of Animals if it wants to amend the rules to ban the dog breeds.
“The responsibility of the pet owner would not be limited to owning oral responsibility but should be made accountable for the payment of entire treatment of the victim who would be injured by the dog including separate claim for the damages,” the court observed in its order.
The banned dog breeds are: Pitbull Terrier, Tosa Inu, American Staffordshire Terrier, Fila Brasileiro, Dogo Argentino, American Bulldog, Boerboel, Kangal, Central Asian Shepherd Dog, Caucasian Shepherd Dog, South Russian Shepherd Dog, Tornjak, Sarplaninac, Japanese Tosa and Akita, Mastiffs, Rottweiler, Terriers, Rhodesian Ridgeback, Wolf Dogs, Canario, Akbash, Moscow Guard, Cane Corso, and every dog of the type commonly known as Ban Dog (or Bandog).
