Madras HC Quashes Notification Banning Import Of Dogs For Commercial Activities

A Madras High Court Bench of Justice Anita Sumanth has set aside a notification issued by the Director General of Foreign Trade imposing a ban on the import of dogs in the country for commercial breeding or other commercial activities.

In that context, it was observed that "The absolute ban now imposed is on the basis that import of dogs for commercial breeding will bring foreign diseases to India as well as contaminate native gene pool. As far as import of alien diseases is concerned, there are effective measures for quarantine and testing of the animals prior to permitting entry into India. Thus, this can be no reason to justify the ban." 

Senior Counsel R Srinivas and Senior Counsel V Selvaraj appeared for the petitioners. ASG ARL Sundaresan and Government Advocate Alagu Goutam appeared for the respondents. 

In this case, the Court was considering the pleas challenging the notification issued by the Director General of Foreign Trade in 2016, on the ground that it was premised on a policy that was perverse, incorrect, and detrimental to the country, particularly dog lovers.

The Union of India contended that all the aspects of the matter were duly considered while issuing the impugned notification and that the policy decisions should not be interfered with unless they are found to be perverse.

The Court observed that any State policy has to be based on scientific and empirical data to authenticate and justify it. In furtherance, it said that "While I have no doubt in my mind that all steps must be taken to protect and perpetrate original, native Indian breeds, this cannot be achieved by placing an embargo on the import of foreign dogs for commercial purposes, ensuring, of course, that such commercial purposes are regulated and are ethical. It is rather too late in the day to expect that anything can be done now to put the clock back to a time when there were pure native breeds, quite apart from the fact that there is no justification in doing so". 

The Court was of the opinion that the focus has been lost, and that "there is a clarion call to identify native breeds, to protect and nurture them and most critical of all, to ensure that there are proper Rules and Regulations in place to regulate commercial activities including breeding. Further, it is not enough merely to frame such policies and regulations, but to ensure strict their compliance".

Subsequently, the High Court allowed the pleas and held that "the impugned Notification has been issued without necessary scientific study and due diligence as called for. In light of the discussion as above the impugned Notification is set aside and these Writ Petitions are allowed".

Cause Title: The Kennel Club of India & Ors. vs The Union of India

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