In a significant development, the Karnataka High Court has intervened to halt the enforcement of a circular issued by the Central government, which sought to ban 23 breeds of dogs labeled as ‘ferocious and hazardous to human life’. This action follows a joint petition filed by a professional dog handler and the owner of a Rottweiler, who contested the arbitrary nature of the ban.
Under the stewardship of Justice M Nagaprasanna, the court emphasized that the stay order applies exclusively within Karnataka’s jurisdiction until a thorough review is conducted. The petitioners argued that the Expert Committee responsible for recommending the ban failed to engage with any stakeholders prior to making its decision.
The controversial circular, issued by the Ministry of Fisheries, Animal Husbandry and Dairying, not only prohibits the breeding of specified dog breeds but also mandates sterilization for current owners of such pets.
The Expert Committee, chaired by the Animal Husbandry Commissioner, singled out breeds such as Pitbull Terrier, Rottweiler, and Mastiffs as posing potential risks to human safety.
In response to the petitioners’ contentions, the Court stressed the imperative of inclusive consultations with all relevant stakeholders before imposing extensive measures. It highlighted the Delhi High Court’s previous emphasis on consulting all concerned parties, including organizations like the Kennel Club of India, which were conspicuously overlooked in this instance.
Moreover, the Court emphasized the necessity of expertise in identifying breeds deemed ‘ferocious and hazardous to human life’, suggesting that such determinations necessitate thorough evaluation and consultation.
This decision by the Karnataka High Court provides temporary relief for dog owners and enthusiasts within the state, pending further examination of the issue. The next hearing is slated for April 5, during which additional arguments and evidence will be presented.
The stay order underscores the judiciary’s role in scrutinizing governmental actions, ensuring fairness, transparency, and the safeguarding of stakeholders’ rights. As the legal proceedings progress, the resolution of breed-specific regulations will be observed within the broader framework of public safety and animal welfare.
Case Title: King Solomon David & ANR AND Joint Secretary
Written by- Pradyumn sharma.
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