Madras High Court Halts Ban On 'Ferocious' Dog Breeds, Puts Stay On Ministry's Directive

The Madras High Court has issued a stay on a letter sent by a Joint Secretary in the Union Ministry of Fisheries, Animal Husbandry and Dairying on 12 March as per a report by The Hindu.

The letter had instructed the Chief Secretaries of all States and Union Territories to ban the sale and breeding of certain dog breeds classified as "ferocious and dangerous for human life."

It also mandated the sterilisation of dogs already being kept as pets. Additionally, the court stayed a subsequent instruction from the Central Board of Indirect Taxes and Customs (CBIC) on 14 March, which directed officials to prevent the import of these dogs.

These interim orders were issued in response to a writ petition filed by the Kennel Club of India (KCI), represented by its secretary and treasurer C.V. Sudarshan, challenging the Joint Secretary's letter and the CBIC's instruction.

Senior counsel R. Srinivas, representing the KCI, stated that a law firm had filed a public interest litigation (PIL) petition in the Delhi High Court last year seeking a ban on several dog breeds, including Pitbulls, Terriers, American Bulldogs, Rottweilers, and others, citing them as "dangerous."

The Delhi High Court disposed of the PIL petition on 6 December 2023, after recording the central government standing counsel's submission that the law firm's representation would be considered after consulting all stakeholders.

However, no such consultation occurred, and the KCI, despite being a major stakeholder, was not consulted before the Joint Secretary's letter was issued.

The letter referenced an expert committee that identified breeds like Pitbull Terriers, Tosa Inu, American Staffordshire Terriers, and others as ferocious.

Srinivas argued that the term "expert committee" was misleading, as the committee did not seem to have a basic understanding of dogs, given that even the most loyal breeds were classified as ferocious. He highlighted the case of Hachiko, a dog of the Akita Inu breed, which the Japanese honored with a statue for its loyalty.

Srinivas contended that categorising specific dog breeds as ferocious and dangerous was ill-informed, ignorant, and absurd.

He emphasised that there was no empirical data, study, or research to support such a conclusion. He suggested that the letter may have been influenced by vested interests aiming to undermine purebred dog breeding, the pet industry, and dog shows.

He concluded by stating that there are no inherently bad dogs, only bad owners. Any dog, regardless of breed, can be trained, socialised, and made friendly, while neglect or abuse can cause any dog to become ferocious or dangerous.