Karnataka High Court stays circular banning 23 breeds of 'ferocious dogs'

The Karnataka High Court on Tuesday stayed the implementation of the Central government's recent circular calling for a ban on 23 breeds of 'ferocious dogs which are dangerous for human life' [Shri King Solomon David & Anr v. Joint Secretary and Others]..Justice M Nagaprasanna in the order clarified that the stay would only be applicable in Karnataka. The order was passed in a joint petition moved by a professional dog handler and the owner of a Rottweiler, who alleged that the Expert Committee whose recommendation led to the circular had not consulted any stakeholder before the decision. The Court ordered that till the Deputy Solicitor General of India produces documents indicating what went into the decision, the circular issued by the government "shall remain stayed, only in the State of Karnataka.".The Court noted that the circular further directs that all those who have reared such dogs shall be sterilized for stopping further breeding of those breeds. "The committee appears to have identified the aforesaid breed of dogs as ferocious and dangerous to human life. Therefore, the effect of the circular is pan India and has a devastating effect on the aforesaid breed of dogs," it remarked..The matter will be heard next on April 5..Through the circular, the Centre has asked all states and union territories to ban 23 breeds of 'ferocious dogs which are dangerous for human life'.The Central government had assured the Delhi High Court in December 2023 that it will expeditiously take a decision on the demand for a ban on licences to keep breeds of dogs considered to be dangerous.The Expert Committee, chaired by the Animal Husbandry Commissioner and comprising members from various stakeholder organizations and experts, identified the following dog breeds as ferocious and dangerous to human life: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 Tosa,Japanese 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).Challenging the decision, the petitioners before the Karnataka High Court argued that the circular was highly arbitrary, without jurisdiction and profoundly discriminatory in nature.The plea also argued that no particular dog breed can be identified as an aggressive breed. Any stand-alone incident of attack by the breed can be attributed only to the untrained and unsocialised dogs, it added."There are several dog breeds which are not covered under the impugned circular which have also caused dogs attacks, and for the said reason the rationale behind the classification in the impugned circular is highly arbitrary and is liable to be set aside," the petitioners contended. .During the hearing, the petitioners told the Court that the Kennel Club of India - an expert body that has various chapters all over the nation - was not heard before the issuance of the circular.It was also submitted that to identify a particular breed of dog to be ferocious and dangerous to human life, would require profound expertise as to whether those breed of dogs are appropriately trained or not..The Court also observed that the Delhi High Court was unequivocal in directing that all stakeholders must be consulted before consideration of the ban."The circular though refers to members of several stake holder organization being a part of the Expert Committee, there are several who would not be heard," it added..Advocate Swaroop Anand R represented the petitioner..[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.