Calcutta High Court partially stays circular banning 23 breeds of 'dangerous' dogs

The Calcutta High Court on Thursday partially stayed the circular issued by the Central government calling for a ban on 23 breeds of 'ferocious' dogs [Tanmay Dutta v. State of West Bengal]..The stay order would apply to the extent that the circular mandates sterilisation of these breeds of dogs, which are already kept as pets. It, however, does not apply on the ban on import and selling of such breeds of dogs. .During the hearing, Justice Sabyasachi Bhattacharyya sought to know how these 23 breeds were classified as ferocious and how keeping these dogs violate human rights."Show me how human rights are violated by breeding or keeping these categories of dogs. Also, I would want to see the yardsticks based on which these 23 breeds have been classified as ferocious and dangerous to human beings. The list mentions Rottweiler dogs, which are very common nowadays," Justice Bhattacharya observed. .The judge went on to note that the word 'ferocious' used in the circular is vague, and that no prior research was conducted to classify the breeds as such.He agreed with the submission of the petitioner that sterlisation may be fatal to puppies."It is rightly pointed out that the dogs which are kept as pets are directed to be mandatorily sterilised which isn't sanctioned by any norm of animal sciences before a particular age. As such, in terms of the circular, even puppies of a few months and days will have to be sterilised and thus it would be fatal for them," the Court underscored..As regards the prohibition on import and sale of these dog breeds, the Court said that many breeders may not have the facilities for proper upkeep of unsold puppies or dogs of the breeds in question. Taking such perspective in mind, for the time being, breeders who have custody of such breeds must take proper care of the animals, the judge said."The March 12 circular shall remain stayed till April 30 or until further orders. But for the exception that the prohibition on import and selling of such breeds shall remain for the time being subject to the outcome of the instant petition."The matter will be next heard on April 8, by which date the Central government has to disclose on affidavit the exact members of the expert committee constituted to address the issue of 'dangerous' dog breeds, which all members opined for issuing the circular, their credentials etc..The Court was hearing a petition filed by one Tanmay Datta, who himself owned two dogs. He contended that all dogs bite and mere biting cannot be a sole criteria for declaring certain breeds as ferocious."I don't understand what is ferocious because if I take it as it is, then human kind is the most ferocious species in the world," Datta's counsel submitted.Justice Bhattacharya responded, "No doubt in it.".The counsel pointed out that the Delhi High Court had only ordered the Central government to consider the representation of the petitioners before it and had not asked for issuing a circular to ban the breeds. Further, he highlighted that no law in India permits to kill or ban a dog.Counsel appearing for the Central government sought time to take instructions. .The Department of Animal Husbandry and Dairying had issued a circular on March 12, 2024 asking all states and union territories to ban 23 breeds of 'ferocious dogs"The species which are to be banned are:Pitbull TerrierTosa 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 TosaJapanese Akita Mastiffs Rottweiler Terriers Rhodesian RidgebackWolf dogs Canario Akbash dog Moscow Guard dog Cane Corso Every dog of the type commonly known as Ban Dog (or Bandog).On March 20, the Karnataka High Court had stayed the implementation of the notification in the State..The Delhi High Court is also seized of a similar petition challenging the ban.