Belief That It Has Medicinal Value, Its Consumption An Accepted Norm Amongst Nagas: Gauhati HC Lifts Ban On Dog Meat In Nagaland
The Gauhati High Court, Kohima Bench has lifted the ban on the sale of dog meat in Nagaland saying there is a belief that it has a medicinal value and that its consumption is an accepted norm amongst Nagas even in modern times.
A Single Bench of Justice Marli Vankung held, “This court however, do not find any grounds not to accept the account of dog meat being consumed by different tribes in Nagaland recorded in the books authored by J.H Hutton … There is also a belief that dog meat is also to having medicinal value. The consumption of dog meat appears to be an accepted norm and food amongst the Nagas even in modern times, wherein the petitioners are able to earn their livelihood by transporting dogs and selling of dog meat. But, dog meat is not considered the standard of food for human consumption and excluded in the definition of animals safe for human consumption.”
The main issue for consideration before the Bench was whether the Food Safety and Standards Authority of India (FSSAI) acted beyond its delegated powers by issuing the circular stating that the Regulation 2.5 of the FSS (Food Product Standards and Food Additives Regulation, 2011) has defined animals, carcass and meat wherein sub-regulation 2.5.1(a) has defined “animal”.
Advocate L. Iralu appeared on behalf of the petitioner while Advocate Shrieya Poropkarie, AAG V. Suokhrie, and Advocate Limanaro appeared on behalf of the respondents.
In this case, a petition was filed under Article 226 of the Constitution for issuance of the appropriate writ for violation of the petitioners’ Fundamental Rights under Articles 14, 19, and 21 of the Constitution and for violation of principles of natural justice, which according to the petitioner were violated by a notification banning the commercial import, trading of dogs and dog markets as well as commercial sale of dog meat in markets and dine in restaurants.
The petitioner had an Import/Export permit issued by the Kohima Municipal Council, which allowed the petitioner to import dogs to Kohima and was earning livelihood by selling dog meat for the past many years.
The High Court in the above regard observed, “The slaughtering of animals of any other species other than the one listed in sub- regulation 2.5.1(a) is not permissible under the FSS Act, 2006 and Regulation, 2011 and whether in pursuance of the circular the State of Nagaland had rightly issued the impugned notification 14.07.2020 dated, banning the commercial import, trading of dogs and dog markets as well as commercial sale of dog meat in markets and dine in restaurants. … Under the definition of ‘animals’, Canine or dogs have not been mentioned, which is not surprising since the meat of dogs is consumed only in some parts of the North Eastern states and the very idea of consuming dog meat is alien in other parts of the country.”
The Court noted that the thought of adding canine/dogs as an animal for human consumption under regulation 2.5.1(a) would be inconceivable, since consumption of dog meat would be considered unthinkable.
“… this court is constraint to hold that the Chief Secretary was not the appropriate authority to issue the impugned order dated 04.07.2020 when section 30 of the FSS Act, 2006 provides for appointment of a Commissioner of Food Safety for the state for efficient implementation of food safety and standards and other requirements laid down under the Act”, said the Court.
The Court said that the prohibition of the sale and consumption of dog meat, by the Executive branch of the Government, without there being any law passed by the legislation in relation to the trade and consumption of dog meat is liable to be set aside even though the notification is said to have been passed in accordance with a Cabinet decision.
“… this court is constraint to set aside and quash the order dated 04.07.2020 issued by the state respondents banning the commercial import, trading of dogs and dog markets as well as commercial sale of dog meat in markets and dine in restaurants”, further held the Court.
Accordingly, the Court allowed the plea.
Cause Title- Neizevolie Kuotsu alias Toni Kuotsu and 2 Ors. v. The State of Nagaland and 6 Ors. (Neutral Citation: GAHC020003292020)
