BENGALURU: The High Court of Karnataka on Wednesday quashed a controversial circular issued by the Union Ministry of Fisheries, Animal Husbandry and Dairying banning 23 ferocious and dangerous dog breeds.
The court said the circular issued on March 12 is contrary to law. However, the Union government can amend the Prevention of Cruelty to Animals Act 1960 to bring back the quashed circular after following the due process of law as observed in the order.
Justice M Nagaprasanna pronounced the order on a petition filed by King Solomon David and Maradona Jones of Bengaluru, questioning the circular not only banning rearing of the dogs in question, but also directing those having such breeds to sterilise them to stop breeding.
Referring to an undertaking given by the Union government before the Delhi High Court on the issue of such dogs that it will hear all stakeholders before issuing the impugned circular, the court said that it is an admitted fact that the stakeholders have not been heard.
The formation of a committee of experts is not in consonance with the Prevention of Cruelty to Animals Act 1960. The Union government should not have imposed the ban without the recommendations of the committee. The circular goes beyond what is found in the Animal Birth Control Rules, the court said.
The court noted that if the Union government wanted to bring back the quashed circular, it should hear the stakeholders, a prerequisite exercise. The stakeholders did not mean that every pet owner should be heard.