Canine psychology must be studied before classifying dog breeds as ‘ferocious’, says Madras High Court

Justice Anita Sumanth of the Madras High Court on Friday, June 14, 2024, remarked that a thorough analysis of canine psychology and the behavioural pattern of different breeds of dogs would have to be considered before the Centre took a decision on classifying certain dog breeds as “ferocious” and banning them from being imported, sold and bred in the country.

Justice Anita Sumanth of the Madras High Court on Friday, June 14, 2024, remarked that a thorough analysis of canine psychology and the behavioural pattern of different breeds of dogs would have to be considered before the Centre took a decision on classifying certain dog breeds as “ferocious” and banning them from being imported, sold and bred in the country.

The judge hoped that a committee to be constituted by the Union Ministry of Fisheries, Animal Husbandry and Dairying, for this purpose, would consist of experts in canine psychology. She asked Additional Solicitor General (ASG) AR.L. Sundaresan to ensure that members of the committee were made known publicly to avoid legal challenges.

The judge also recorded the submission of the ASG that the last date for stakeholders across the country to submit their suggestions/objections to the ongoing exercise of classifying certain dog breeds as ferocious, would be extended to June 30, 2024. The orders were passed while disposing of a writ petition filed by Kennel Club of India (KCI).

Representing the petitioner, senior counsel R. Srinivas told the judge that recently, a rottweiler and a boxer were seized after a girl was mauled in Chennai. “The two dogs were seized and they died within two days. Boxers will never attack, they are playful dogs,” he said prompting the judge to refer to news reports of even a labrador having attacked a child.

“It is highly unusual. So, citing this, you can’t say ban labradors and retrievers too. The issue has to be studied on a case by case basis and there must be a scientific basis for any decision,” Justice Sumanth said. She added that it was important to take on board a canine psychologist too, before classifying certain breeds as ferocious. “Let alone human psychology, now we have gone to canine psychology,” she observed.

The judge closed the writ petition filed by KCI after recording the submission of the Centre that a letter written by it to all State governments on March 12, 2024, to ban certain breeds of dogs, would have no bearing on the fresh exercise being undertaken now since that letter was quashed by the Karnataka High Court due to absence of dogs experts in the committee that recommended the ban.

The ASG, assisted by central government senior panel counsel V. Chandrasekaran, told the court that the Centre would begin the current exercise with a clean slate and consider all suggestions/objections before arriving at a final decision on the issue.