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BENGALURU: The Karnataka HC on Wednesday quashed the March 12, 2024, notification issued by the Centre, which had banned the import, breeding, promoting as pets of 23 breeds of dogs deemed ‘ferocious’, declaring that not one of the stakeholders have been consulted as mandated by the Delhi HC.
Justice M Nagaprasanna said that the ban was not in accordance with the Prevention of Cruelty to Animals Act, as not one of the stakeholders have been consulted, and the committee’s composition didn’t align with the Act. The judgment highlighted that the round surpassed Animal Birth Control Rules, necessitating its obliteration. The courtroom deemed the ban inconsistent with present guidelines and dominated it illegal.
“This (quashing) is not going to forestall the Centre from issuing a contemporary round or introducing a authorized modification after consulting related stakeholders.”
Not each pet proprietor is taken into account a stakeholder. Stakeholders so consulted ought to embrace organisations that certify breeds of dogs and People for the Ethical Treatment of Animals (PeTA) as effectively,” the decide mentioned.
“The accountability of a pet proprietor goes past ethical obligation; they need to be held accountable for any therapy resulting from accidents brought on by their canine, together with a separate declare for damages. The courtroom has reviewed the Dangerous Dogs Act of the UK and comparable statutes,” the decide noticed. The central authorities had claimed the notification was issued in pursuance to the path issued by Delhi HC by means of its order dated December 6, 2023.
The petitioners – each from Bengaluru — had contended that the notification is with out jurisdiction as the topic concerned is principally a state topic.
Justice M Nagaprasanna said that the ban was not in accordance with the Prevention of Cruelty to Animals Act, as not one of the stakeholders have been consulted, and the committee’s composition didn’t align with the Act. The judgment highlighted that the round surpassed Animal Birth Control Rules, necessitating its obliteration. The courtroom deemed the ban inconsistent with present guidelines and dominated it illegal.
“This (quashing) is not going to forestall the Centre from issuing a contemporary round or introducing a authorized modification after consulting related stakeholders.”
Not each pet proprietor is taken into account a stakeholder. Stakeholders so consulted ought to embrace organisations that certify breeds of dogs and People for the Ethical Treatment of Animals (PeTA) as effectively,” the decide mentioned.
“The accountability of a pet proprietor goes past ethical obligation; they need to be held accountable for any therapy resulting from accidents brought on by their canine, together with a separate declare for damages. The courtroom has reviewed the Dangerous Dogs Act of the UK and comparable statutes,” the decide noticed. The central authorities had claimed the notification was issued in pursuance to the path issued by Delhi HC by means of its order dated December 6, 2023.
The petitioners – each from Bengaluru — had contended that the notification is with out jurisdiction as the topic concerned is principally a state topic.
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