After Karnataka HC, Delhi HC sets aside Government circular banning 23 'ferocious' dog breeds [Read Judgement]

DELHI: After Karnataka High Court, the Delhi High Court has set aside a Government circular banning 23 'ferocious' dog breeds. The Court set aside the circular noting the submission of the Central government that other than government bodies, no private body was heard before the ban was imposed.

The Government counsel told Court that he has no objections if the contentious circular is set aside and a fresh one is issued after giving opportunity to all stakeholders to raise objections to the same, if any.

The circular issued by the Central government banned the import, breeding and selling of certain breeds of “ferocious dogs”.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora set aside the circular wrote,

“He (counsel for the Central government) states that he has no objection if the impugned circular is set aside with a direction to the respondents to issue a fresh circular/notification 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.”
Stating that it was not possible to give an oral hearing to each and every dog owner, the Court directed the government to issue a public notice in a national newspaper as well as on its website inviting written objections to the proposed/draft notification/amendment 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 impugned circular was issued,” the Bench ordered.

Background

The Department of Animal Husbandry and Dairying of the Government of India had issued a circular on March 12 asking all states and union territories to ban 23 breeds of 'ferocious dogs"

The species which were banned are:

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 Karnataka High Court had set aside the circular on April 10.

Advocates Nikhil Palli, Kshitij Pal and Arinjay Singh appeared for petitioners Sikander Singh Thakur & Ors.

Advocate Gaurav Varma represented the Canine Welfare Organisation.
Central Government Standing Counsel Rajesh Gogna along with Advocates Neha Sharma, Priya Singh and Karnika Bahuguna represented the Animal Welfare Board of India.

Advocates Prtha Srikumar, Anusha Murti and Atharv Gupta appeared for PETA.

Cause Title: Sikander Singh Thakur & Ors v Union of India & Anr.

[Read Judgement]