The Gauhati High Court, Kohima Bench has quashed the Nagaland government’s order to ban on commercial import, trading of dogs and dog markets as well a commercial sale of dog meat in markets and dine in restaurants on Friday.

Justice Marli Vankun after hearing a civil writ petition said it was “constraint to set aside and squash the order.”

“The main issue for consideration is whether the Food Safety and Standards Authority of India had acted beyond its delegated powers by issuing the circular dated 06.08.2014, stating that the Regulation 2.5 of the FSS (Food Product Standards and Food Additives Regulation,2011 has defined animals, carcass and meat wherein sub-regulation 2.5.1(a) has defined “animal” and whether in pursuance of the circular the State of Nagaland had rightly issued the impugned notification 14.07.2020 dated, banning the commercial import, trading of dogs and dog markets as well as commercial sale of dog meat in markets and dine in restaurants, the court said.

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Pointing that under the definition of ‘animals’, Canine or dogs have not been mentioned, the judge said that “is not surprising since the meat of dogs is consumed only in some parts of the North Eastern states and the very idea of consuming dog meat is alien in other parts of the country. The thought of adding canine/dogs as an animal for human consumption under regulation 2.5.1(a) would be inconceivable, since consumption of dog meat would be considered unthinkable.”

In this regard, the court observed that consumption of dog meat appears to be an accepted norm and food amongst the Nagas even in modern times, and the petitioners are able to earn their livelihood by transporting dogs and selling of dog meat. “But, dog meat is not considered the standard of food for human consumption and excluded in the definition of animals safe for human consumption.”

It said that “the prohibition of sale and consumption of dog meat, by the Executive branch of the Government, without there being any law passed by the legislation in relation to trade and consumption of dog meat is liable thus to be set aside even though the impugned notification dated 04.07.2020 is said to have been passed in accordance with a Cabinet decision.”

It also added that the Chief Secretary was not the appropriate authority to issue the impugned ban order. “Section 30 of the FSS Act, 2006 provides for appointment of a Commissioner of Food Safety for the state for efficient implementation of food safety and standards and other requirements laid down under the Act,” the court stated.

The judge said the order can be said to affect the petitioner’s earning capacity as they “have an Import/Export permit, dated 03.06.2020, issued by the Kohima Municipal Council, which allows the petitioner to import dogs to Kohima and the petitioners have been earning their livelihood by selling dog meat for the past many years.”