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Synopsis

The Madras High Court today stepped in to halt the Union Ministry of Fisheries, Animal Husbandry, and Dairying from finalizing a decision on banning certain dog breeds classified as "ferocious and dangerous to human life". This decision follows an ongoing process of soliciting public objections and comments.

The interim order was passed in a writ petition filed by the Kennel Club of India (KCI). KCI's counsel pointed out that the Ministry had previously written to Chief Secretaries across States and Union Territories on March 12, 2024, advocating for a ban on multiple breeds after labeling them as “ferocious and dangerous to human life.”

The breeds under scrutiny included Pitbull Terrier, Tosa Inu, American Staffordshire Terrier, Fila Brasileiro, Dogo Argentino, American Bulldog, Boerboel, Kangal, Central Asian Shepherd, Caucasian Shepherd, South Asian Shepherd, Tornjak, Sarplaninac, Japanese Tosa, Akita, various Mastiffs (including Boer bulls), Rottweiler, Terriers, Rhodesian Ridgeback, Wolf dogs, Canario, Akbash, Moscow Guard, Cane Corso, and the type commonly referred to as Bandog.

Despite the Madras and Karnataka High Courts' rulings against the ministry's proposal of March 12, the Ministry's May 2 public notice referred back to the invalidated letter while inviting public feedback. This, according to KCI's counsel, was legally flawed. He argued that the Ministry should restart the process from scratch, forming a new committee of dog experts without referencing the previous, quashed decision.

The bench of Justice Anita Sumanth ruled that while the Ministry may continue to gather feedback from the public, it is prohibited from reaching a final decision on the matter until June 14.

By that date, Additional Solicitor General (ASG) AR.L. Sundaresan is expected to provide guidance on whether a clarification can be issued concerning a public notice dated May 2, 2024, which invited comments on the controversial subject.

Justice Sumanth further asked the ASG to confirm whether the Ministry is prepared to either submit an affidavit in court or issue a corrigendum, clarifying that the earlier decision would not influence the current process.