In the case of The Kennel Club of India v Union of India a writ petition filed by the Kennel Club of India (‘KCI’) and the Madras Canine Club (‘MCC’) asking the court to nullify the notification dated April 25, 2016 and to order the director general of foreign trade to stop dog lovers from lawfully bringing in dogs for breeding, dog shows, and other purposes.
KCI is the only private organisation in India that looks out for canine interests. The registration is properly transferred from one owner to another with the help of KCI, which also issues registration certificates. MCC hosts dog shows and is a member of the KCI By acting as a steward of dog breeds and providing for their preservation, maintenance, and enhancement, KCI and MCC’s primary goals are to protect, conserve, and advance the interests of various canine breeds.
Analysis of Court order
The Madras High Court’s single-judge panel ruled that the contested notifications lack any support because they were issued without the required amount of due care and essential scientific research. The Cout accordingly set aside the same.
According to Rule 4 of the Allocation of Business Rules, the Court determined that dogs fall within the category of livestock, and as such, all matters pertaining to their importation, such as regulation, quarantine, and other problems, must be handled by the Department of Animal Husbandry and Dairy Farming. The Court emphasised that unethical breeding practises, such as inbreeding, used by dishonest and commercially greedy breeders result in deformities and deformity in dog litters. Although the petitioners acknowledge the risks and unfavourable effects of arbitrary and unrestrained dog breeding, they do not see the challenged prohibition as a solution. A complete prohibition on import for commercial purposes, like the one in place right now, is a hurried decision that is not only not founded on scientific research but also not well thought out.
The Court went on to say that any state programme must be supported by empirical and scientific data to be legitimate. The total ban is based on the argument that importing dogs for commercial breeding will contaminate the local gene pool and bring foreign diseases into India. There are effective measures for quarantining and testing animals before allowing admission into India with regard to the introduction of foreign illnesses. Therefore, this cannot be used to support the ban. The subject will be discussed again to report compliance on 05-08-2023.