It Is For Dog Owners To Act Responsibly: Karnataka HC
By Kriti Kalra
In a welcome move, the Karnataka High Court emphasised the necessity for guidelines to ensure responsible pet ownership, asserting that any dog has the potential to display aggressive behaviour. Stressing the importance of accountability, the court stated, "It is for the dog owners to act responsibly and ensure that their pets do not harm any other citizen/other living beings in the vicinity."
The court underscored the need for the Central government to establish specific guidelines under the Prevention of Cruelty to Animals Act. It emphasised that ferocious behaviour is not exclusive to certain dog breeds.
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| Image for representational purpose only |
The court observed, "It is not only those dogs which are branded ferocious that can indulge in inflicting harm upon human beings or animals in the surrounding. Any dog can become ferocious. A dog bite is a dog bite, be it from a branded ferocious dog or any other dog. An appropriately constituted committee should delve upon the concept of responsible pet ownership to be protected, and irresponsible pet ownership to be penalised. "
Justice M. Nagaprasanna, in his recent order, quashed a central government circular imposing a ban on 23 'ferocious and dangerous' dog breeds, highlighting the absence of legal authority for such a blanket ban. He urged the formation of a committee to address responsible pet ownership, emphasising the distinction between responsible and irresponsible pet ownership.
Regarding pet owners' accountability, the court remarked, "It is not that a Pitbull or American bulldog or any other pet dog is a dog that is roaming in the streets. It is a dog owned by pet owners. Pet owners would become solely responsible for the act of their dogs, if they are ferocious or dangerous, as pet owners have kept them despite their characteristic being projected... they should act responsibly."
It stressed that responsible pet ownership is essential, especially considering that dogs are more likely to display aggression when unsupervised or lacking proper nurturing and socialisation.
The court cautioned against a simplistic approach to addressing dog-related issues, emphasising the complexity of the matter. It stated that dog bans in other countries were implemented through legislative measures, highlighting the need for a similar approach in India.
The Karnataka High Court's stance underscores the importance of responsible pet ownership and the need for comprehensive guidelines to address dog-related issues effectively. It calls for a collaborative effort between pet owners and the government to ensure the safety and well-being of both humans and animals.
Furthermore, the court emphasised that responsible pet ownership should be regarded as a fundamental aspect of owning a pet, asserting that it is essential for public safety and the well-being of communities.
The court stated that a blanket ban on certain breeds would not effectively address the root causes of aggressive behaviour in dogs. Instead, the court urged the Central government to carefully consider the factors contributing to responsible pet ownership when drafting laws or regulations.
The court's reference to international examples of legislation on dog ownership served to underscore the need for evidence-based policy-making and legislative measures. By highlighting successful approaches adopted by other countries, the court provided valuable insights into how India could address dog-related issues in a fair and effective manner.
This article is published as part of ‘The L.E.A.P For Animals Project’ – A DraftCraft International initiative with media partner The Draft. L.E.A.P stands for Law.Education.Advocacy.Practice and the project aims to protect the rights of animals by helping formulate inclusive laws, sensitise and educate by media. To say your story, volunteer, seek advice or legal intervention, send a mail to contact@draftcraft.in or message on WhatsApp on +91 8080441593.
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