BENGALURU: Karnataka high court quashed on Wednesday the March 12, 2024 central govt
notification
that had banned the import,
breeding
and selling as pets of 23 breeds of dogs deemed "
ferocious
", pointing out that none of the stakeholders were consulted as mandated by Delhi HC.
Justice M Nagaprasanna stated that the
ban
was not in accordance with the Prevention of Cruelty to Animals Act, and that the committee's composition did not align with the act.
The judgment highlighted that circular surpassed Animal Birth Control Rules, necessitating its obliteration. HC deemed the ban inconsistent with existing rules and ruled it unlawful.
"This (quashing) will not prevent the Union govt from issuing a fresh circular or introducing a legal amendment after consulting relevant stakeholders. Not every pet owner is considered a stakeholder. Stakeholders so consulted should include organisations that certify breeds of dogs and People for the Ethical Treatment of Animals (Peta) as well," the judge said.
"The responsibility of a pet owner goes beyond moral obligation; they should be held accountable for any treatment due to injuries caused by their dog, including a separate claim for damages. The court has reviewed the Dangerous Dogs Act of the UK and similar statutes," the judge observed. The order will be available only on Monday due to the long holiday weekend, the judge added. The central govt had claimed the notification was issued in pursuance to Delhi HC directions. The petitioner's representation was placed before a 10-member technical expert panel, the Centre said.
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