The Karnataka High Court on Wednesday struck down a circular issued by the Centre in March urging states to ensure the prohibition on the sale, breeding or keeping of several “dangerous” dog breeds, including pit bulls, rottweilers etc.
The high court order was pronounced on Tuesday after earlier being reserved by a single-judge bench of Justice M Nagaprasanna and is expected to be made available in its entirety on April 15.
On March 19, the high court had stayed the operation of the circular within Karnataka based on a petition by a dog breeder.
The March 12 circular by the joint secretary of the Ministry of Fisheries, Animal Husbandry and Dairying directs the chief secretaries of states and Union Territories to ensure that no licences or permissions are issued for the sale, breeding and keeping of dog breeds “dangerous for human life”. It also recommends that dogs that have already been kept as pets should be sterilised so that further breeding is prevented.
Previously, the Karnataka High Court had noted that contrary to the Delhi High Court order that the circular was based on, relevant stakeholders, such as the Kennel Club of India, the official body in the country for the registration of litters, had not been heard. On Wednesday, the bench further observed that since stakeholders had not been heard, a blanket ban could not be issued and thus the circular was struck down.
The bench observed that this would not stop the Union from making any amendment to the rules under the Prevention of Cruelty to Animals Act, and if a similar situation were to occur again, the Union would hear the stakeholders also.
