Delhi High Court Quashes Centre's Circular Banning Sale And Breeding Of 'Dangerous & Ferocious Dogs'
The Delhi High Court has quashed a circular issued by the Union Ministry of Fisheries, Animal Husbandry and Dairying, Department of Animal Husbandry and Dairying prohibiting the import, breeding and selling of several “dangerous and ferocious” dog breeds. A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora quashed the circular issued on March...
The Delhi High Court has quashed a circular issued by the Union Ministry of Fisheries, Animal Husbandry and Dairying, Department of Animal Husbandry and Dairying prohibiting the import, breeding and selling of several “dangerous and ferocious” dog breeds.
A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora quashed the circular issued on March 12 after the Union Government's counsel said that there was no objection if the same is set aside with a direction to issue a fresh circular after giving an opportunity to all the stakeholders to raise their objections.
“Keeping in view the aforesaid statement by learned counsel for Union of India, the impugned circular dated 12th March 2024 is set aside,” the court said.
It added that as it is not possible to give an oral hearing to every dog owner, and the Central Government shall issue a public notice in a national newspaper as well as on the Ministry's official website inviting written objections to the proposed or draft notification to the rules within two weeks.
“The objections filed in response to the advertisement/ publication on the website shall be examined and decided by the respondents before issuing the final notification,” the court said.
The bench disposed of a batch of pleas challenging the notification in question on the ground that the ban was imposed on 23 dog breeds without consulting or inviting objections and suggestions from stakeholders.
However, the court clarified that it neither commented upon nor dealt with the recent judgment of the Karnataka High Court which also banned the circular.
The circular banned the following breeds of dogs: Breeds (including mixed and cross breeds) like 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 and Akita, Mastiffs (boerbulls), Rottweiler, Terriers, Rhodesian Ridgeback, Wolf Dogs, Canario, Akbash dog, Moscow Guard dog, Cane corso and every dog of the type commonly known as a Ban Dog (or Bandog).
The circular also required those, who have reared the aforesaid breed of dogs as pets with them, to sterilise their pets and stop further breeding
Title: SIKANDER SINGH THAKUR & ORS. v. UNION OF INDIA & ANR. and other connected matters
Citation: 2024 LiveLaw (Del) 465