Kerala High Court Partially Stays Centre's Ban On 'Ferocious & Dangerous' Dog Breeds

The Court passed the above order while considering a writ petition filed by certain dog lovers who were also owners of such breeds of dogs.

While partially staying the circular, Justice T R Ravi held thus:

“I have gone through the orders issued. In such circumstances, there will be a direction staying the operation of notification dated 12.03.2024 except with regard to prohibition on import and selling of the dogs for the breeds specified therein, subject to further orders in this writ petition.”

The petitioners relied upon similar interim orders passed by the Karnataka High Court and Calcutta High Court while staying the operation of the Circular. The Karnataka High Court stayed the operation of the circular in Karnataka on March 20. Similarly, the Calcutta High Court also partially stayed the operation of the circular.

The circular issued by the Central Government banned certain breeds of dogs by identifying them as 'ferocious and dangerous to human life' based on a report by the Expert Committee constituted under the Chairmanship of the Animal Husbandry Commission.

The dog breeds mentioned in the circular are as follows:- 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 above breed of dogs as pets to sterilize them and to stop further breeding since it was dangerous to the public at large.

Accordingly, the Court partially stayed the operation of the notification while upholding the restriction on selling and importing the banned dog breeds. It also directed the Union and State Governments to file their statements.

The matter has been posted for hearing after vacation.

The plea has been moved by Advocates K.M.Sathyanatha Menon, Achuth Kylas, R.Mahesh Menon, Sachin.P.K, Varghese Xavier, Sreedevi Kylasanath.

Case title: Limjith K J v State of Kerala

Case number: WP(C) NO. 12760 OF 2024

Click Here To Read/Download The Order