In a significant decision, the Karnataka High Court has revoked a circular issued by the central government imposing a ban on 23 breeds of ‘ferocious’ dogs considered hazardous to human life. The court’s ruling highlighted the lack of consultation with stakeholders, including pet owners’ groups, and emphasized the importance of adhering to due process.
The order, issued by Justice M Nagaprasanna, criticized the central government for implementing the ban without proper consultation and recommended a revision following consultations with experts and stakeholders. The court stressed that the ban contradicted the Animal Birth Control Rules and was deemed contrary to the law.
According to legal news website LiveLaw, the court emphasized the necessity of consulting organizations certifying dog breeds and animal welfare groups like People for the Ethical Treatment of Animals (PETA) before imposing such bans. It underscored the importance of responsible pet ownership and proper stakeholder engagement in policymaking.
The court’s decision came in response to a joint petition filed by a professional dog handler and the owner of a Rottweiler, challenging the lack of consultation by the expert committee whose recommendations led to the circular.
Advocate Swaroop Anand P represented the petitioners before the High Court, arguing against the arbitrary nature of the circular and its discriminatory impact. The petition contended that no specific dog breed could be categorized as inherently aggressive, attributing attacks to factors such as lack of training and socialization rather than breed characteristics.
The circular, now annulled, had urged states and Union territories to prohibit breeds like the Pitbull Terrier, Tosa Inu, American Bulldog, Caucasian Shepherd Dog, Mastiffs, Rottweiler, and Terriers, among others, based on their perceived ferocity.
The court’s decision marks a victory for pet owners and advocates for animal welfare, emphasizing the importance of evidence-based policymaking and stakeholder consultation in addressing public safety concerns related to pet ownership.
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