Ban On Ferocious Dogs | Process Should Be Transparent, Committee Should Be Made Known To Public To Prevent Future Challenges: Madras HC

Justice Anitha Sumanth noted that the process of classifying the dogs is related to public policy and thus attempts should be made to make the whole process transparent. The court added that the committee, to be constituted by the Union Ministry of Fisheries, Animal Husbandry and Dairying for classifying the dogs should be made known to the public, thus ensuring that there are no future challenges to thwart the process.

“My request is that let the process be transparent. It relates to public policy. If you are constituting a committee, let everyone know who all are there. And ensure experts are there. It is to ensure that there is no challenge in the future to thwart the process,” the court orally said on Friday.

The court also directed the central government to ensure that the committee has sufficient representation of persons who are experts in canine, canine psychology and behaviour. The court also recorded the Centre's submission that the last date for the ongoing process of inviting objections and suggestions to the classification be extended to June 30 2024.

The court was hearing the plea filed by the Kennel Club of India. The club had challenged the circular issued by the central government to all State governments to ban certain breeds of dogs that were ferocious and dangerous to human life. The court had previously stayed the circular. The circular was challenged in other High Courts including Karnataka High Court, Kerala High Court, Telangana High Court, Delhi High Court, and Calcutta High Court.

The Karnataka High Court had quashed the circular in April this year citing a lack of experts in the committee that had classified the dogs as ferocious. The court had ordered the central government to constitute a new committee with experts to classify the dogs. Subsequently, the government issued a public notice inviting suggestions and objections to the issue.

The KCI also objected to this notice and submitted that the notice referred to the earlier circular.

On Friday, however, the Additional Solicitor General informed the court that the centre would start the process on a clean slate and consider all suggestions and objections before making a final decision. He also informed the court that the last date for submitting these suggestions and objections would be extended to Jun 30, allowing all stakeholders to participate.

Noting these undertakings, the court closed the case.

Citation: 2024 LiveLaw (Mad) 246

Case Title: Kennel Club of India v The Union of India and Others

Case No: WP 14610 of 2024