Delhi High Court Overturns Centre’s Ban on ‘Dangerous’ & ‘Ferocious’ Dog Breeds

New Delhi: The Delhi Government has revoked a circular issued by the centre which banned the sale, import, breeding, and registration of 24 dog breeds. Initially issued on March 12, the circular was published by the Union Ministry of Animal Husbandry and Dairying and related to concerns about fatal dog attacks by 'ferocious' or 'dangerous' breeds. 

According to a report by Bar and Bench, in its ruling on April 16, a division bench led by Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora noted that in the circular, only government bodies were consulted before a ban was imposed, which is not due process. 

The court, in its order, stated, “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 high court also recommended that the centre should publish a notice in a national paper and its website, so people have a forum where they can write about their objections to the proposed rules/draft over 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 stated.

Delhi HC’s decision comes shortly after the Karnataka HC revoked the circular banning dangerous breeds on similar grounds, citing non-consultation and haste in the decision to ban such dog breeds. In its ruling, the high court stressed that pet owners and relevant organizations should have been consulted before issuing a circular banning “dangerous” dog breeds. 

The court also underlined the responsibility of pet parents if their pet causes harm to other members of the public, noting that pet parents are liable to cover any expenses or damages that may occur because of their pet. Last month in March, the Center wrote to the chief secretaries of states and Union territories, instructing them to enforce a ban on the sale, breeding, and ownership of pit bulls and other breeds intentionally bred for aggression, often “utilized in illegal fighting and attacks”. 

The dog breeds identified by the centre as “dangerous” and “ferocious” include Pitbull Terriers, Tosa Inus, American Staffordshire Terriers, Fila Brasileiros, Dogo Argentinos, American Bulldogs, Boerboels, Kangals, Central Asian Sheepdogs, Caucasian Shepherd Dogs, South Russian Shepherd Dogs, Tornjaks, Sarplaninacs, Japanese Tosas and Akitas, Mastiffs (Boerboels), Rottweilers, Terriers, Rhodesian Ridgebacks, Wolf Dogs, Canary Dogs, Akbashes, Moscow Guard Dogs, Cane Corsos, and all types of Bandogs.