Accepted norm among Nagas even in modern times: Gauhati High Court quashes ban on sale of dog meat in Nagaland

The Kohima Bench of the Gauhati High Court recently set aside a Nagaland government order issued in 2020 to ban the sale and consumption of dog meat in the State. (Neizevolie Kuotsu Alias Toni Kuotsu and ors v. State of Nagaland and ors).Justice Marli Vankung on June 2 held that the government could not have banned dog meat without there being any legal backing to the same."The prohibition of sale and consumption of dog meat, by the Executive branch of the Government, without there being any law passed by the legislation in relation to trade and consumption of dog meat is liable thus to be set aside even though the impugned notification dated 04.07.2020 is said to have been passed in accordance with a Cabinet decision," the order reads..The Court reasoned that the Food Safety and Standards (FSS) Act, on the basis of which the government issued the order, nowhere mentions any power to issue prohibition orders..It further noted that the Food Safety and Standards (Food Products Standards and Food Additives) Regulations did not deal with dog meat, which was not 'surprising'."The meat of dogs is consumed only in some parts of the North Eastern states and the very idea of consuming dog meat is alien in other parts of the country. The thought of adding canine/dogs as an animal for human consumption under regulation 2.5.1(a) would be inconceivable, since consumption of dog meat would be considered unthinkable...The consumption of dog meat appears to be an accepted norm and food amongst the Nagas even in modern times, wherein the petitioners are able to earn their livelihood by transporting dogs and selling of dog meat.".The Court underscored that as per settled law, only a Commissioner of Food Safety under the FSS Act, and not the State's Chief Secretary, could issue orders banning any meat in the State.It was conceded that in the exisiting scenario, the handling of dogs meant for slaughter was not completely sanitary or in compliance of the Slaughter House Rules. However, the same does not justify a blanket ban, the Court held.To address the grievance of dogs being subjected to suffering before they are killed, remedial steps can be taken for enforcing provisions of the the Prevention of Cruelty to Animals Act, 1960 and the Indian Penal Code, the Court said.Accordingly, the petitioners' appeal was allowed..Advocate L Iralu appeared for the petitioners. Additional Advocate General V Suokhrie with Advocate Shrieya Poropkarie and Limanaro represented the respondents..The High Court had earlier, in November 2020, stayed the Nagaland government order dated July 4 that year that had banned import, trade and sale of dog meat.The petitioners challenging the ban had been issued licenses by the Kohima Municipal Council to sell dog meat.They had contended, among other things, that the ban was basically an executive order passed in the garb of a Cabinet decision, affecting livelihoods amidst the pandemic..[Read order]