PFA, HSA appeal against High Court’s verdict on dog meat ban in Nagaland

August 17, 2023 111 Views No Comment

Morung Express News
Kohima | August 17

The People for Animals (PFA) and Humane Society International/India (HSI) have filed a writ appeal against the judgment and order passed by the single-judge Bench of Gauhati High Court, Kohima Bench on June 2, 2023.

The June 2 verdict by the Kohima Bench had quashed and set aside the Nagaland State Government’s July 4, 2020 notification order putting a blanket 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 August 16, the matter was listed before the Division Bench of Justice LS Jamir and Justice Kakheto Sema.

In an interlocutory application, the PFA’s counsel plea for condonation of 90 days delay in filing the writ appeal was granted by the Bench.

Accordingly, the applicants (PFA and HIS) were directed to take steps for service of notices to the respondents with one week from Wednesday.

The Court listed the matter for further hearing on September 18.

Background
The present case pertains to initial writ petition filed in the High Court in September 2020, by traders engaged in the supply and sale of dog and dog meat in Nagaland, seeking appropriate action against the notification order on bog meat.

The petitioner has argued that the Government of Nagaland’s July 4, 2020 notification violates their Fundamental Rights under Article 14, 19 & 21 of the Constitution of India and it was against the principles of natural justice.”

In November 2020, the Court had temporarily suspended the State Government’s notification.

After a lengthy hearing of submissions and arguments by the petitioner as well as responding parties including the Chief Secretary, Food Safety commissioner, Department of Health and Family Welfare, the Kohima Municipal Council, Food Safety and Standards Authority of India (FSSAI), People For Animals, the Court, on June 2, ruled in favour of the petitioners.

In its verdict, the Court, among others, observed that “consumption of dog meat appears to be an accepted norm and food amongst the Nagas even in modern times” and petitioners are able to earn their livelihood by transporting dogs and selling of dog meat.

The Court further noted 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…”

It further stated that the Chief Secretary was not the appropriate authority to issue the impugned ban order, adding: “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 also opined that the impugned ban 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.”

Accordingly, the Court said that it was ‘constraint to set aside and quash the order dated 04.07.2020.’