CHENNAI: The Madras High Court has set aside a notification issued by the Union government restricting the import of dogs into the country for commercial breeding or other commercial activities.

It also directed the State government to formulate a breeding policy and rules for the regulation of breeding in the State.

The case was listed before Justice Anita Sumanth of the HC. The right to own as a pet for a commercial purpose such as training or ethical breeding cannot be the matter of absolute ban except if the dog is diseased or poses a threat to public health and safety, said Justice Anita. “There are measures in place to quarantine diseased dogs, and with this, there is no necessity for further regulation.”

Petitioners CV Sudarshan and CR Bhaalakkrishna Bhat representing Kennel Club of India and Madras Canine Club respectively sought to quash the notification issued by The Director General of Foreign Trade in 2016 and direct the Union government not to prevent dog lovers from lawfully importing dogs into India for shows, as pets and for breeding purposes.

They alleged that the Director General of Foreign Trade did not have the requisite power under Section 3 of the Foreign Trade Development and Regulation) Act, 1992. They also claimed that only 1% of the breeds were known today, and 9% of the existing dog breeds have been designed by humans. The hybrids caused by interbreeding and evolutionary changes are quite different from the primary and native breeds of dogs.

While the petitioners acquiesce to the dangers and unfortunate consequences of capricious and unfettered dog breeding, the impugned ban is not a remedy for the same.

“A total ban on import for commercial purposes, such as the present one, is not well thought out, apart from not being based on any scientific study,” said the petitioner. “All aspects of the matter must be considered in the proper light and must be sustained.”

After all the submissions, Justice Anita set aside the notification and directed the TN Animal Husbandry, Dairying, Fisheries, and Fishermen Welfare department to formulate a policy to regulate breeding in the State within 8 weeks.