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Karnataka HC overturns the Centre’s ruling banning 23 types of ‘dangerous dog’ breeds

Central government had instructed states to outlaw the sale and breeding of 23 dog breeds known for aggression, such as Pitbull Terriers, American Bulldogs, Rottweilers, and Mastiffs

23 dog breeds considered to be aggressive

On April 10, the Karnataka High Court dismissed a directive from the Central government that proposed prohibiting 23 dog breeds considered to be aggressive and a threat to humans. Justice M Nagaprasanna annulled the directive, noting that the government can reissue it if it consults stakeholders and adheres to the correct process.

The court highlighted the necessity of involving dog owners and pertinent groups in discussions about such prohibitions, emphasizing their liability for any harm or costs their pets may cause.

The judge pointed out that the ban was enacted without input from concerned parties and that the committee responsible did not comply with the Animal Cruelty Prevention Act’s standards.

Previously, the central government had instructed states to outlaw the sale and breeding of 23 dog breeds known for aggression, such as Pitbull Terriers, American Bulldogs, Rottweilers, and Mastiffs, following an increase in fatal attacks by pet dogs.

The order to states and Union Territories prohibited the ownership of these 23 dog breeds. A March 12 communication to the chief secretaries of all states and UTs from the Department of Animal Husbandry and Dairying also mandated the sterilization of these breeds already owned as pets to halt further breeding.

Dog Breeds that are being considered for prohibition

Highlighting the grave concern of human fatalities from bites by certain aggressive pet dog breeds, the department mentioned it had received requests from individuals, community groups, and Animal Welfare Organizations to ban some dog breeds from being kept as pets or for other purposes.

In response to these requests, the Department of Animal Husbandry and Dairying formed an expert committee led by the Animal Husbandry Commissioner, including members from various stakeholder groups and specialists.

This committee identified 23 dog breeds, including mixes and crossbreeds, as aggressive and hazardous to human life.

dog
Image : LawStreet Journal

The breeds targeted for prohibition by the Centre include Pitbull Terriers, Tosa Inus, American Staffordshire Terriers, Fila Brasileiros, Dogo Argentinos, American Bulldogs, Boerboel Kangals, Central Asian Shepherd Dogs, and Caucasian Shepherd Dogs.

Additional breeds listed are South Russian Shepherd Dogs, Tornjaks, Sarplaninacs, Japanese Tosas, Akitas, Mastiffs, Terriers, Rhodesian Ridgebacks, Wolf Dogs, Canarios, Akbash Dogs, Moscow Guard Dogs, Cane Corsos, and Bandogs.

The letter stated that these dog breeds, along with their crossbreeds, should be banned from importation, breeding, and sale as pets, citing the expert panel’s recommendations.

The Centre’s Department of Animal Husbandry and Dairying has directed local authorities and state-level animal husbandry departments not to grant licenses or permits for the sale and breeding of the prohibited dog breeds. The Centre has enacted the Prevention of Cruelty to the Animal (Dog Breeding and Marketing) rules of 2017 and the Prevention of Cruelty to Animal (pet shop) rules of 2018.

Joint Secretary O P Chaudhary of the Department of Animal Husbandry and Dairying stated in the letter that the enforcement of these rules falls under the jurisdiction of local bodies, state animal welfare boards, and the Department of Animal Husbandry.

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Dr. Shubhangi Jha

Avid reader, infrequent writer, evolving

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