Issue public notice, consider objections before banning dog breeds: Delhi High Court

Issue public notice, consider objections before banning dog breeds: Delhi High Court

The Delhi High Court has recently directed the Central government to announce a public notice and consider any objections from various stakeholders before enforcing a ban on certain dog breeds deemed "ferocious." This decision emerged after a review of several petitions challenging the government's move to ban 23 dog breeds.

A Division Bench consisting of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora emphasized that the government should post the notice on its website and in a national daily, inviting objections from the public. This approach is necessary because it is impractical to provide individual oral hearings to each dog owner.

The breeds listed for the proposed ban include:

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- 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

- Japanese Akita

- Mastiffs

- Rottweiler

- Terriers

- Rhodesian Ridgeback

- Wolf dogs

- Canario Akbash dog

- Moscow Guard dog

- Cane Corso

- Ban Dog (or Bandog)

On April 10, the Karnataka High Court had already nullified the circular, emphasizing the importance of hearing all parties before making a decision of this magnitude. The Delhi High Court agreed, noting that only government bodies had been consulted before the proposed ban.

Petitioners argued that the government's actions violated the Constitution of India, citing the Department of Animal Husbandry's lack of authority to issue such a circular. They also claimed the circular contradicted the Prevention of Cruelty to Animals Act and its Rules, which don't mention sterilization of pet dogs.

Ultimately, the Court instructed the government to seek the views of all parties through a public notice before issuing any final notification on the ban. This inclusive approach aims to ensure that the voices of all concerned parties are heard and considered in the decision-making process.