Bombay HC Seeks Centre, Maharashtra's Response on PIL Challenging Ban on 23 Dog Breeds

Bombay High Court has sought responses from the Centre and Maharashtra government regarding a ban on 23 "dangerous" dog breeds. The ban was imposed by the Ministry of Fisheries, Animal Husbandry and Dairying on March 12. A PIL filed by 'Animal Rescue Trust' claims the ban is arbitrary and may increase cruelty against these breeds. The court has issued a notice to the Union and state governments and seeks their response by June 24. The PIL argues that the ban lacks scientific basis and has been challenged in other High Courts, resulting in partial stays.

The Bombay High Court on Thursday sought the Centre and Maharashtra government's response on a public interest litigation against a circular seeking to impose a ban concerning 23 breeds of “dangerous” dogs.

On March 12, the Ministry of Fisheries, Animal Husbandry and Dairying (Department of Animal Husbandry & Dairying) issued a circular asking states to ensure that no licences or permissions are issued for the sale, breeding, and keeping of certain dog breeds “dangerous for human life”.

A PIL filed by Pune-based NGO ‘Animal Rescue Trust’ sought HC to quash the circular and stay its implementation saying it was arbitrary and bad in law and the move might aggravate cruelty against such breeds.

A division bench of Chief Justice D K Upadhyaya and Justice Arif Doctor issued notice to the Union and state governments and sought their response by June 24.

The petitioner sought the bench to grant an interim stay on the circular.

The bench, however, noted that the Calcutta High Court had already granted a partial stay on the circular.

“No further executive order or decision has been taken by any authority in Maharashtra based on that circular. We want to first see what the Union government has to say,” the court said.

The PIL claimed that the ban has been imposed on 23 different dog breeds without inviting suggestions from all stakeholders.

“The circular is non-factual without any scientific proof of ferocity of the said breeds and is based on random dog bite incidents,” the PIL said.

It added that similar petitions have been filed in other HCs challenging the circular. Some HCs have stayed implementation of the circular, the plea said.

The petition said the ban is arbitrary, claiming that it lacks any scientific study, empirical evidence or comprehensive study.

Such a ban would aggravate cruelty against such breeds, the PIL said.

The impugned circular, based on recommendations of an Expert Committee, prohibits the importing, breeding, selling, and keeping of certain dog breeds, including cross-breeds, citing concerns about their potential danger to human life.

The local bodies were directed to enforce the ban and sterilise existing pets of the prohibited breeds.

The circular identifies breeds (including mixed and cross breeds) like “Pitbull Terrier, Tosa Inu, American Staffordshire Terrier, Fila Brasileiro, Dogo Argentino, American Bulldog, Boerboel, Kangal, Central Asian Shepherd Dog (ovcharka) and Caucasian Shepherd Dog (ovcharka)” as “dangerous”.

It also mentions breeds such as “South Russian Shepherd Dog (ovcharka), Tornjak, Sarplaninac, Japanese Tosa and Akita, Mastiffs (boerbulls), Rottweiler, Terriers, Rhodesian Ridgeback, Wolf Dogs, Canario, Akbash dog, Moscow Guard dog, Cane corso, and every dog of the type commonly known as a Ban Dog (or Bandog)”.

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