The Delhi High Court has invalidated a circular issued by the Union Ministry of Fisheries, Animal Husbandry, and Dairying, Department of Animal Husbandry and Dairying that banned the importation, breeding, and sale of various dog breeds deemed "dangerous and ferocious."
A division bench consisting of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora invalidated the circular issued on March 12, following the Union Government's counsel's statement that they had no objection to its annulment. The court directed the issuance of a fresh circular after affording all stakeholders the opportunity to raise objections.
The court declared, "In light of the aforementioned statement by the learned counsel for the Union of India, the challenged circular dated March 12th, 2024, is hereby nullified."
Furthermore, the court emphasized that providing oral hearings to every dog owner would be impractical. Instead, it directed the Central Government to publish a public notice in a national newspaper and on the Ministry's official website, inviting written objections to the proposed or draft notification within two weeks.
The bench concluded by disposing of a series of petitions challenging the aforementioned notification, citing that the ban on 23 dog breeds was implemented without consulting or soliciting objections and suggestions from stakeholders. However, the court made it clear that it did not offer any commentary or ruling on the recent judgment by the Karnataka High Court, which also nullified the circular.
The circular issued by the Union Ministry of Fisheries, Animal Husbandry and Dairying, Department of Animal Husbandry and Dairying, prohibited the import, breeding, and selling of various dog breeds, including mixed and cross breeds. The banned breeds are 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, and Moscow Guard dog.
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
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