Karnataka High Court Overturns Ban on 23 Breeds of Ferocious Dogs, Citing Lack of Proper Procedure

The Karnataka High Court on Wednesday, April 10, overturned a circular issued by the Central government banning 23 breeds of 'ferocious dogs which are dangerous for human life.' Union of India could not have passed a blanket ban without constituting a proper committee, hearing stakeholders, said the court in its order.

A single-judge bench of Justice M Nagaprasanna struck down the circular while also stating that the Central government is at liberty to issue a fresh circular after proper consultation and by following proper procedure.

High Court Quashes Circular

#BREAKING: Karnataka High Court strikes down recent circular banning 23 breeds of 'ferocious dogs'. Allows writ petition challenging the ban.

Says Centre can issue another circular after proper consultation and by following proper procedure. #KarnatakaHighCourt#DogBreedBan

— Bar and Bench (@barandbench) April 10, 2024

The joint petition was moved by a professional dog handler and the owner of a Rottweiler, who alleged that the Expert Committee whose recommendation led to the circular, had not consulted any stakeholder before the decision.

The Centre, led by PM Narendra Modi, had asked all States and Union Territories (UTs) to ban 23 breeds of 'ferocious dogs which are dangerous for human life'. This comes after the Central government assured the Delhi High Court in December 2023 that it would expeditiously decide on the demand for a ban on licences to keep dangerous dog breeds.

Also Read | Pitbull, Rottweiler Ban : Centre Directs States to Ban 23 Ferocious Dogs Citing Threat to Human Life.

An Expert Committee suggested that the following dog breeds as ferocious and dangerous to human life:

1. Pitbull Terrier

2. 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 Tosa,

14. Japanese Akita, 

15. Mastiffs 

16. Rottweiler 

17. Terriers 

18. Rhodesian Ridgeback

19. 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).

The petitioners challenged the decision in the High Court, arguing that the circular was highly arbitrary, without jurisdiction and profoundly discriminatory in nature. The plea also argued that no particular dog breed can be identified as an aggressive breed. Any stand-alone incident of attack by the breed can be attributed only to the untrained and unsocialised dogs