Kohima, 6 June (MTNews): In a significant judgment, the Gauhati High Court, Kohima Bench, has nullified the Nagaland State Government’s order from 4 July 2020 which imposed a blanket ban on the commercial import, trading, and sale of dogs and dog meat in markets and restaurants.
The court made this decision after a lengthy hearing of a civil writ petition. Justice Marli Vankun, leading a single judge, concluded that the order should be set aside. The judge examined whether the Food Safety and Standards Authority of India had exceeded its delegated powers by issuing a circular that defined ‘animals’ and whether the state of Nagaland was justified in issuing the contested notification that banned commercial activities related to dogs and dog meat. The court directed the Food Authority to establish regulations consistent with the provisions of the Food Safety and Standards (Food Products Standards and Food Additives) Regulation, 2011.
Pointing out 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.”
Commenting that consumption of dog meat appears to be an accepted norm and food amongst the Nagas even in modern times, the Court observed that 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.”
The court found that the executive branch’s prohibition of the sale and consumption of dog meat, without any legislation governing such trade and consumption, should be set aside, even though the ban was purportedly based on a Cabinet decision. The court also emphasized that the Chief Secretary was not the appropriate authority to issue the ban order, as the appointment of a Commissioner of Food Safety is specified under Section 30 of the FSS Act, 2006.
The court acknowledged that the ban affected the livelihood of the petitioners, who had been involved in the import, supply, and sale of dogs and dog meat in Nagaland. The petitioners possessed an import/export permit issued by the Kohima Municipal Council, allowing them to import dogs to Kohima and engage in the sale of dog meat.
It is worth noting that the ban had previously been temporarily suspended in November 2020 by a single bench after the State Government failed to respond to a petition against the prohibition on dog and dog meat, which was enacted based on the provisions of the Food Safety & Standards (Food Products Standards and Food Additives) Regulations, 2011.