Karnataka HC Halts Central Government's Ban on 23 'Ferocious' Dog Breeds

Karnataka HC Halts Central Government's Ban on 23 'Ferocious' Dog Breeds

On Tuesday, the Karnataka High Court issued a stay on enforcing the Central government's recent circular, which had called for a ban on 23 breeds of dogs deemed 'ferocious' and posing a threat to human safety.

In the order, Justice M Nagaprasanna clarified that the stay would exclusively apply within the jurisdiction of Karnataka. The order stemmed from a joint petition filed by a professional dog handler and the owner of a Rottweiler. They contended that the Expert Committee, whose recommendation prompted the circular, failed to engage with any stakeholders before making the decision.

The Court directed that until the Deputy Solicitor General of India presents documents revealing the factors considered in making the decision, the government's circular "shall remain stayed, only in the State of Karnataka."

The Court observed that the circular additionally mandates the sterilization of individuals who have raised such dogs to prevent further breeding of those breeds.

"The committee appears to have identified the aforesaid breed of dogs as ferocious and dangerous to human life. Therefore, the effect of the circular is pan India and has a devastating effect on the aforesaid breed of dogs," it remarked.

The circular issued by the Centre calls upon all states and union territories to prohibit 23 breeds of dogs categorized as 'ferocious' and deemed hazardous to human life. In December 2023, the Central government had provided assurance to the Delhi High Court that it would promptly address the request to prohibit licenses for keeping breeds of dogs deemed dangerous.

The Expert Committee, led by the Animal Husbandry Commissioner and including representatives from diverse stakeholder organizations and experts, recognized the following dog breeds as aggressive and posing a threat to human safety:

  1. Pitbull Terrier

  2. Tosa Inu 

  3. American Staffordshire Terrier 

  4. Fila Brasileiro 

  5. Dogo Argentino 

  6. American Bulldog 

  7. Boerboel 

  8. Kangal 

  9. Central Asian Shepherd Dog (Ovcharka) 

  10. Caucasian Shepherd Dog (Ovcharka) 

  11. South Russian Shepherd Dog (Ovcharka) 

  12. Tornjak, Sarplaninac 

  13. Japanese Tosa,

  14. Japanese Akita, 

  15. Mastiffs 

  16. Rottweiler 

  17. Terriers 

  18. Rhodesian Ridgeback

  19. Wolf dogs 

  20. Canario Akbash dog 

  21. Moscow Guard dog 

  22. Cane Corso 

  23. Every dog of the type commonly known as Ban Dog (or Bandog)

The petitioners before the Karnataka High Court contested the decision, asserting that the circular was extremely arbitrary, lacked jurisdiction, and exhibited significant discrimination. They further argued in their plea that singling out specific dog breeds as aggressive was unjustified. They emphasized that any isolated incident of an attack by a breed could only be attributed to individual dogs that were untrained and lacked socialization.
 
During the hearing, the petitioners informed the Court that the Kennel Club of India, an authoritative body with chapters across the country, was not consulted before the circular was issued.  The petitioners also argued that determining a specific dog breed as ferocious and hazardous to human life necessitates expertise in evaluating whether those breeds are adequately trained.  

Additionally, the Court noted that the Delhi High Court had clearly directed that all stakeholders must be consulted before contemplating any ban, underscoring the importance of inclusive decision-making processes.

 

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