Karnataka High Court Extends Stay On Centre's Circular Banning Rearing Of 'Ferocious & Dangerous' Dog Breeds

The Karnataka High Court has extended till Monday, the stay imposed on the operation of a circular issued by the Union Ministry of Fisheries, Animal Husbandry and Dairying Department, which bans rearing of certain breeds of dogs on the ground of them being ferocious and dangerous to human life in the state.

A single-judge bench of Justice M Nagaprasanna extended its earlier order of stay till the next date of hearing.

In the statement of objections filed by the Ministry, it was mentioned that the plea sought directions against the department for banning certain species of dogs. It was stated that the matter was withdrawn by the petitioner on the direction of the High Court with the liberty to prefer a representation before the appropriate authority.

Subsequently, it was stated that a representation of the petitioners dated 5.10.2023 was received by the Animal Welfare Board of India and accordingly, the same was forwarded by the Animal Welfare Board of India to the Department.

The representation stated that Bull and Terriers have been categorised as "dogs bred for fighting" under the UK's Dangerous Dogs Act, 1991, due to concerns about public safety.

It further states that statistics from Time Magazine suggest that while Pitbull and terriers make up only 6% of the dog population in the US, they are responsible for 68% of dog attacks and 52% of dog-related deaths since 1982.

Upon hearing this, the bench remarked, “UK Dangerous Dogs Act, under which Pitbull and other breed both are declared to be ferocious dogs, but prior to it there is evidence, there is analysis, research done under a committee constituted under the Act then it is held that dogs are ferocious...what has the government done?

It added “Considering representation you bring out a circular which has a sweeping effect on all the dogs, sterilisation of dogs…”

Advocate Swaroop Anand R appearing for the petitioner argued that not a single domain expert was there in the technical expert committee formed by the Ministry.

He said that the AQCS of Central Zoo authority is part of that committee, but he is responsible for the quarantine of animals for disease prevention. 

Further, he said that Guidelines should be prescribed for big dogs, in terms of behavioural training and the petitioners would support the same.

The circular bans the following breeds of dogs: Breeds (including mixed and cross breeds) like Pitbull Terrier, Tosa Inu, American Staffordshire Terrier, Fila Brasileiro, Dogo Argentino, American Bulldog, Boerboel, Kangal, Central Asian Shepherd Dog (ovcharka), Caucasian Shepherd Dog (ovcharka), South Russian Shepherd Dog (ovcharka), Tornjak, Sarplaninac, Japanese Tosa and Akita, Mastiffs (boerbulls), Rottweiler, Terriers, Rhodesian Ridgeback, Wolf Dogs, Canario, Akbash dog, Moscow Guard dog, Cane corso and every dog of the type commonly known as a Ban Dog (or Bandog).

The circular also requires those, who have reared the aforesaid breed of dogs as pets with them, to sterilise their pets and stop further breeding.

The court has now posted the matter for hearing the submission of the Additional Solicitor General in the matter on Monday.

Appearance: Advocate Swaroop Anand R for Petitioner.

DSG Shanthi Bhushan H for Respondent

Case Title: King Solomon David & ANR AND Joint Secretary

Case No: WP 8409/2024