The Union of India (UOI) told the Bombay High Court on Friday that it is not acting on its March 2024 notification which prohibits importing / breeding / selling of 23 dog breeds deemed “dangerous and ferocious”.
The Ministry of Fisheries, Animal Husbandry and Dairying (Department of Animal Husbandry & Dairying) issued a circular on March 12, 2024 asking all the states to ensure that no licences or permissions are issued for the sale, breeding, and keeping of certain dog breeds “dangerous for human life”. Some of the breeds included are Pitbull Terrier, Rottweiler and Mastiffs.
A bench of Chief Justice Alok Aradhe and Justice Bharati Dangre was hearing a PIL by a Pune – based NGO Animal Rescue Trust seeking quashing of the circular. In the interim, it sought stay on the implementation of the circular stating that the ban is arbitrary and bad in law.
During the hearing, the UOI’s advocate told the Court that the union is not acting on the notification and that it has issued a public notice inviting objections to the same. The Union would be taking a suitable decision after considering the objections, the advocate added.
The NGO also sought direction to the State government to constitute State Board and District Society for Prevention of Cruelty to Animals (SPCA) within a stipulated time. NGO’s advocate said that they have filed objections in pursuance of the public notice issued by the UOI.
State’s advocate informed the bench that they have already constituted the State Board and district SPCA. However, NGO’s advocate replied that the same are not functional.
The bench remarked that the other high courts have already stayed the UOI’s notification. Granting permission to the petitioner to amend the PIL, the HC has kept the matter for hearing after three weeks.
In March 2024 itself, the Calcutta High Court had partially stayed the UOI’s notification, whilst upholding the restriction on selling and import of the dog breeds concerned.
Karnataka HC, in March 2024, stayed the operation of the notification only in the State of Karnataka and in April quashed the notification.
In April 2024, the Delhi HC quashed the UOI’s circular on the ground that the ban was imposed on 23 dog breeds without consulting or inviting objections and suggestions from stakeholders.
