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Karnataka High Court Halts Ban on 23 'Ferocious' Dog Breeds: Temporary Relief for Pet Owners

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Vidhi

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4 min read

22 Mar, 2024

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In a recent development, the Karnataka High Court has intervened in the matter of the ban imposed by the Union government on 23 breeds of purportedly 'ferocious and dangerous' dogs. The Court, presided over by Justice M. Nagaprasanna, issued an interim stay on the operation of a circular issued by the Animal Husbandry and Dairying Department of the Central Government.


The circular, which came into effect on March 12, triggered controversy as it mandated the banning of specific dog breeds deemed hazardous to human life. However, the Karnataka High Court clarified that the stay applies exclusively to the state of Karnataka.



The decision stemmed from a petition filed by King Solomon David and Mardona Jones, both residents of Bengaluru, seeking judicial intervention against the ban. The Court has directed the Central Government to furnish documents that formed the basis of the circular, particularly focusing on the consultation process undertaken prior to the issuance of the ban.


The circular, reportedly founded on the recommendations of an expert committee chaired by the Animal Husbandry Commission, outlined measures including the sterilization of the banned breeds to curb their proliferation. However, concerns were raised regarding the consultation process, especially the exclusion of the Kennel Club of India, a prominent certifying authority with nationwide representation.



The petitioners' counsel argued that the absence of consultation with key stakeholders, such as the Kennel Club of India, undermined the legitimacy of the decision-making process. Justice Nagaprasanna emphasized the necessity of scrutinizing the documents to ascertain whether due consultation was conducted, emphasizing the directive of the Delhi High Court mandating consultation with all relevant stakeholders before such bans are considered.


The banned breeds encompass a wide range, including Pitbull Terriers, American Staffordshire Terriers, Rottweilers, and Mastiffs, among others. The ban, as per the circular, extends to owners of these breeds, urging them to sterilize their pets to prevent further breeding.



It's noteworthy that the Central Government's counsel cited a directive from the Delhi High Court as the basis for the ban, stemming from a public interest litigation. However, the Karnataka High Court's intervention underscores the significance of a thorough consultation process involving all concerned parties.


The interim stay by the Karnataka High Court provides temporary relief to dog owners and enthusiasts in the state, pending further examination of the consultation process. The outcome of this legal battle will not only impact the fate of these banned breeds but also set a precedent for future decisions concerning animal welfare and regulatory measures.


As the case unfolds, stakeholders await clarity on the fate of these 'ferocious' breeds, balancing concerns for public safety with the rights and welfare of responsible pet owners.

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