The Delhi High Court recently set aside a circular issued by the Central government banning the import, breeding and selling of certain breeds of “ferocious dogs”..A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora set aside the circular while noting the submission of the Central government that other than government bodies, no private body was heard before the ban was imposed.“He (counsel for the Central government) states that he has no objection if the impugned circular is set aside with a direction to the respondents to issue a fresh circular/notification after giving an opportunity to all the stakeholders to raise their objections. Keeping in view the aforesaid statement by learned counsel for Union of India, the impugned circular dated 12th March 2024 is set aside,” the Court ordered..The Bench said that since it is not possible to give an oral hearing to each and every dog owner, the government would issue a public notice in a national newspaper as well as on its website inviting written objections to the proposed/draft notification/amendment to the rules within two weeks.“The objections filed in response to the advertisement/ publication on the website shall be examined and decided by the respondents before issuing the final notification. the impugned circular was issued,” the Bench ordered..Issue public notice, consider objections before banning dog breeds: Delhi High Court.Advocates Nikhil Palli, Kshitij Pal and Arinjay Singh appeared for petitioners Sikander Singh Thakur & Ors.Adovcate Gaurav Varma represented the Canine Welfare Organisation.Central Government Standing Counsel Rajesh Gogna along with Advocates Neha Sharma, Priya Singh and Karnika Bahuguna represented the Animal Welfare Board of India.Advocates Prtha Srikumar, Anusha Murti and Atharv Gupta appeared for PETA..The Court passed the directions while disposing of a batch of petitions challenging the Central government’s decision to ban 23 breeds of “ferocious dogs”..The Department of Animal Husbandry and Dairying of the Government of India had issued a circular on March 12 asking all states and union territories to ban 23 breeds of 'ferocious dogs" The species which were banned are:.1. Pitbull Terrier2. Tosa Inu 3. American Staffordshire Terrier 4. Fila Brasileiro 5. Dogo Argentino 6. American Bulldog 7. Boerboel 8. Kangal 9. Central Asian Shepherd Dog (Ovcharka) 10. Caucasian Shepherd Dog (Ovcharka) 11. South Russian Shepherd Dog (Ovcharka) 12. Tornjak, Sarplaninac 13. Japanese Tosa14. Japanese Akita 15. Mastiffs 16. Rottweiler 17. Terriers 18. Rhodesian Ridgeback19. Wolf dogs 20. Canario Akbash dog 21. Moscow Guard dog 22. Cane Corso 23. Every dog of the type commonly known as Ban Dog (or Bandog)..Notably, in an order passed on April 10, the Karnataka High Court had set aside the circular..[Read Order]
The Delhi High Court recently set aside a circular issued by the Central government banning the import, breeding and selling of certain breeds of “ferocious dogs”..A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora set aside the circular while noting the submission of the Central government that other than government bodies, no private body was heard before the ban was imposed.“He (counsel for the Central government) states that he has no objection if the impugned circular is set aside with a direction to the respondents to issue a fresh circular/notification after giving an opportunity to all the stakeholders to raise their objections. Keeping in view the aforesaid statement by learned counsel for Union of India, the impugned circular dated 12th March 2024 is set aside,” the Court ordered..The Bench said that since it is not possible to give an oral hearing to each and every dog owner, the government would issue a public notice in a national newspaper as well as on its website inviting written objections to the proposed/draft notification/amendment to the rules within two weeks.“The objections filed in response to the advertisement/ publication on the website shall be examined and decided by the respondents before issuing the final notification. the impugned circular was issued,” the Bench ordered..Issue public notice, consider objections before banning dog breeds: Delhi High Court.Advocates Nikhil Palli, Kshitij Pal and Arinjay Singh appeared for petitioners Sikander Singh Thakur & Ors.Adovcate Gaurav Varma represented the Canine Welfare Organisation.Central Government Standing Counsel Rajesh Gogna along with Advocates Neha Sharma, Priya Singh and Karnika Bahuguna represented the Animal Welfare Board of India.Advocates Prtha Srikumar, Anusha Murti and Atharv Gupta appeared for PETA..The Court passed the directions while disposing of a batch of petitions challenging the Central government’s decision to ban 23 breeds of “ferocious dogs”..The Department of Animal Husbandry and Dairying of the Government of India had issued a circular on March 12 asking all states and union territories to ban 23 breeds of 'ferocious dogs" The species which were banned are:.1. Pitbull Terrier2. Tosa Inu 3. American Staffordshire Terrier 4. Fila Brasileiro 5. Dogo Argentino 6. American Bulldog 7. Boerboel 8. Kangal 9. Central Asian Shepherd Dog (Ovcharka) 10. Caucasian Shepherd Dog (Ovcharka) 11. South Russian Shepherd Dog (Ovcharka) 12. Tornjak, Sarplaninac 13. Japanese Tosa14. Japanese Akita 15. Mastiffs 16. Rottweiler 17. Terriers 18. Rhodesian Ridgeback19. Wolf dogs 20. Canario Akbash dog 21. Moscow Guard dog 22. Cane Corso 23. Every dog of the type commonly known as Ban Dog (or Bandog)..Notably, in an order passed on April 10, the Karnataka High Court had set aside the circular..[Read Order]