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Madras High Court Halts Ban on 'Ferocious' Dog Breeds: Victory for Pet Owners and Animal Advocates

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Vidhi

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3 min read

03 Apr, 2024

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In a significant development concerning pet regulations, the Madras High Court has intervened to suspend the implementation of a directive issued by a Joint Secretary in the Union Ministry of Fisheries, Animal Husbandry, and Dairying. The directive, dated March 12, mandated the ban on the sale and breeding of specific dog breeds deemed "ferocious and dangerous for human life." Moreover, it also included provisions for the sterilization of dogs already kept as pets.


Justice Anita Sumanth, presiding over the case, also halted a related instruction issued by the Central Board of Indirect Taxes and Customs (CBIC) on March 14, which aimed to prevent the import of these categorized breeds. These interim orders came in response to a write petition filed by the Kennel Club of India (KCI), represented by its secretary and treasurer C.V. Sudarshan, challenging the legality of the Joint Secretary’s directive and the CBIC’s instruction.



The petition highlighted the lack of consultation with stakeholders, notably the KCI, prior to the issuance of the directive. It argued against the arbitrary classification of dog breeds as 'ferocious,' emphasizing the absence of empirical data or research to support such categorization.


According to senior counsel R. Srinivas, who represented KCI, the directive lacked basis and understanding about dog behavior. He asserted that any dog, regardless of breed, could be trained and socialized to be friendly, while neglect or abuse could lead to aggression in any breed.



Moreover, the petition underscored the potential adverse impact on purebred dog breeding, the pet industry, and dog shows due to the directive, which appeared to serve the interests of a few individuals rather than considering the welfare of animals and stakeholders.


The decision by the Madras High Court to stay the ban reflects a critical reevaluation of the directive's legitimacy and its potential consequences. It highlights the importance of comprehensive consultations and evidence-based policymaking in matters concerning animal welfare and regulation.


Additionally, it's worth noting that Karnataka has also recently stayed a similar ban, signaling a broader debate and legal scrutiny over such directives across different states.


To learn in detail about the 23 'dangerous' dog breeds banned in India, click here for insights and analysis!

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