HC restrains animal welfare authorities from taking away pets

The Madras High Court on Wednesday directed animal welfare authorities not to take away pet dogs from its master, breeders and traders under the pretext of violation of the new rules laid down by the Centre.

The Madras High Court on Wednesday directed animal welfare authorities not to take away pet dogs from its master, breeders and traders under the pretext of violation of the new rules laid down by the Centre. Pet owners cannot afford to lose their dogs which are great stress-busters, particulary during COVID-19 times, the First Bench of Justice AP Sahi and Justice Senthilkumar Ramamoorthy said.

Recording the submission of Kennel Club of India that supports dog-breeding while non-governmental organisations (NGOs) are against it provided it is regulated, the Bench said, "Dog-breeding has become a fight between socialism and elitism. The court was hearing the plea of Kennel Club challenging the Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017 notified by the Central government on May 23, 2017.

As per the rules, dog-breeders must register with the Animal Welfare Department or else the dogs would be taken away. This apart, the regulation prohibits cross-breeding and line-breeding of dogs on the ground that it amounted to cruelty.

The club moved the court contending that breeding is not cruelty. "Framing of such rules by the Centre clearly amounts to an incompetent exercise of delegated legislation which is constitutionally impermissible as breeding falls under a state subject as per the Prevention of Cruelty to Animals Act," advocate R Srinivas, representing the club, said.

Impleading themselves in the case, the NGOs and the Assistant Solicitor General G Karthikeyan contended that breeding per se may not be cruelty. But, breeding in violation of norms is, he said. He said the Centre is ready with a counter.

Taking this into account, the Bench ordered the petitioner to file a rejoinder and adjourned the hearing to August 21 for further hearing. Also, the bench directed the NGOs and the Centre to assist the court by providing expert/research material to substantiate that unregulated breeding is cruelty.

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