BENGALURU: A teacher of a city-based school moved the Karnataka High Court by filing a writ petition against the “BBMP (Pet Dog Licensing) By-laws, 2018” notification dated February 28 issued by the Urban Development Department to govern pet ownership in the city.
The teacher — Indira Gopal Krishna — also an animal lover lives in a flat at Sadananda Nagar, NGEF-East, and has two dogs. She said BBMP has been in the process of drafting and implementing rules after numerous failed attempts in drafting comprehensive laws that would govern pet dog ownership in Bengaluru.
She claimed that the said notification was wholly arbitrary and was neither sustainable in law nor facts and was liable to be set aside as it was passed without any application of mind and was not published in local newspapers as required under Section 426 of the Karnataka Municipal Corporation, 1976.
The petitioner contended that the notification was passed ignoring the guidelines with respect to pet and street dogs, and their care givers, and for residents’ welfare associations and apartment owners associations passed by the Animal Welfare Board of India in 2015.
“Impugned notification issued without taking into consideration the views of animal activist in the city and also the situation that exists in the city with regard to pet dogs. Notification places a ceiling on the number of dogs that can be kept in a household (one in the case of an apartment and not more than three in an independent dwelling). The rule is frivolous and arbitrary as it violates Article 21 and 51 (g) of the Constitution,” the petitioner said.
She also contended that the notification is bad in law as it violates Section 3 of the Prevention of the Cruelty Animals Act, 1960.
A division bench of Chief Justice Dinesh Maheshwari and Justice Krishna S Dixit adjourned the hearing to June 20 as the petitioner’s counsel sought time.
NATIVE INDIAN DOGS FIND NO MENTION
According to the petitioner, the notification mentions a list of breeds that are approved for residential flats arbitrarily and has been mechanically copied from a list meant for another country. It appears that BBMP was making an attempt to promote certain breeds of dogs to benefit certain illegal breeders, the petitioner said.
The list has neglected the most common breeds of dogs which are kept as pets in most households in the world. For instance, Golden Retrievers, Beagles, German Shepherds and the native Indian dogs find no mention on the list. In the event that a person has one of these dogs not on the approved list, the notification makes no mention to the fate of the dogs and the owners alike and hence is liable to be struck down. Dog owners in apartments and independent dwellings will be forced to abandon their dogs, she said.