Madras High Court Quashes Notification Banning Import Of Dogs For Commercial Activities

“The absolute ban now imposed is on the basis that import of dogs for commercial breeding will bring foreign diseases to India as well as contaminate native gene pool. As far as import of alien diseases is concerned, there are effective measures for quarantine and testing of the animals prior to permitting entry into India. Thus, this can be no reason to justify the ban,” Justice Anita Sumanth said.

The court observed that the impugned notification has no legs to stand and that the alleged deliberations of the concerned ministries who were involved in the impugned ban are stated to have been destroyed.

“I am not inclined to assume the existence of such material which is fundamental and critical to justifying the impugned Notification,” the court said.

The court allowed the pleas moved by The Kennel Club of India, The Madras Canine Club, and an individual named CR Bhaalakkrishna Bhat. It was their case that they were interested in protecting and promoting the interest of distinct canine breeds. 

The petitioners challenged the notification issued by the Director General of Foreign Trade on April 25, 2016, on the ground that it was premised on a policy that was perverse, incorrect, and detrimental to the country, particularly dog lovers.

It was also their case that the notification was issued by the Director General of Foreign Trade who did not have requisite powers under Section 3 of the Foreign Trade (Development and Regulation) Act, 1992. It was submitted that only the Central Government was competent to issue the notification in this regard.

The petitioners contended that the procedure as contemplated under the Government of India (Transaction of Business) Rules, 1961 was not followed and that the file was not circulated among all the concerned ministries, thereby vitiating the entire process, including the notification.

On the other hand, the Union of India submitted that the Minister who was additionally assigned the concerned portfolio was involved in the decision and that her initials on the draft notification would signify the same. 

It was submitted that all aspects of the matter were duly considered while issuing the impugned notification and that the policy decisions should not be interfered with unless they are found to be perverse. 

Allowing the pleas, the court said that it was incumbent upon the authorities to have secured and retained all files in connection with the impugned notification.

“Thus, I am persuaded to adopt the view and conclude that the impugned Notification has been issued without necessary scientific study and due diligence as called for. In light of the discussion as above the impugned Notification is set aside and these Writ Petitions are allowed,” the court said.

However, the court observed that since the decision to issue the notification was emanated from the Central Government, thus there was nothing perverse in the Director General of Foreign Trade issuing the impugned notification.

With respect to the absence of scientific data, the court noted that there was no reason to justify the ban on the basis that import of dogs would bring in disease as there were effective quarantine and other measures to handle the same.

“The absolute ban now imposed is on the basis that import of dogs for commercial breeding will bring foreign diseases to India as well as contaminate native gene pool. As far as import of alien diseases is concerned, there are effective measures for quarantine and testing of the animals prior to permitting entry into India. Thus, this can be no reason to justify the ban,” the court observed.

It further noted that though there was a need to protect the Indian breed dogs, the same could not be achieved by imposing a complete ban on the import of dogs for commercial purposes.

“While I have no doubt in my mind that all steps must be taken to protect and perpetrate original, native Indian breeds, this cannot be achieved by placing an embargo on the import of foreign dogs for commercial purposes, ensuring, of course, that such commercial purposes are regulated and are ethical. It is rather too late in the day to expect that anything can be done now to put the clock back to a time when there were pure native breeds, quite apart from the fact that there is no justification in doing so,” the court said.

The court also granted six weeks time to the Secretary of the Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department to formulate a breeding policy and rules for regulation of breeding in the State of Tamil Nadu. 

The matter is now listed on August 05 for reporting compliance.

Case Title: The Kennel Club of India and others v. The Union of India and others

Citation: 2023 LiveLaw (Mad) 164

Counsel for Petitioners: Senior Counsels Mr.R.Srinivas, and Mr.V.Selvaraj, For Ms.Mythili Srinivas,

Counsel for Respondents: Mr.AR.L.Sundaresan, Additional Solicitor General assisted by Mr.V.Chandrasekaran Senior Panel Counsel, Mr.Alagu Goutham Government Advocate