The Kohima bench of the Gauhati High Court has set aside the Nagaland government’s order banning the commercial import, trade and sale of dogs as well as the commercial sale of dog meat in restaurants.
On June 2, a bench headed by Justice Marly Vankun ruled that the Chief Secretary of Nagaland was not the right person to issue the ban order dated July 4, 2020.
“The ban on the sale and consumption of dog meat may be thus set aside, notwithstanding the notification dated 04.07.2020, of the Cabinet without the passing of a law with respect to the trade and consumption of dog meat by the executive branch of the Government.” The judgment is passed accordingly,” reads the order, as quoted by the Bar and Bench.
Dog markets, the commercial import and trade of dogs, and the sale of cooked and raw dog meat were banned by the state cabinet.
The ban was struck down in November 2020 by a single bench of the High Court after the state government respondents failed to respond to a petition against the ban citing provisions of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 was temporarily suspended. ,
Traders who were given licenses by the Kohima Municipal Council to import dogs and sell dog meat filed a petition challenging the legal basis and jurisdiction of the ban.
According to the petitioners, the government’s notification wrongly relies on the Food Security Act.
The court noted that the primary issue to be considered was whether the Food Safety and Standards Authority of India (FSSAI) had issued a circular in August 2014 stating that Regulation 2.5 of the Food Product Standards and Food Additives Regulation 2011 was has been defined. animals, carcasses and meat, whereas “animal” has been defined in sub-regulation 2.5.1(a) and whether the State of Nagaland had correctly issued the impugned notification dated July 4, 2020 as per the circular.
The judge noted that the definition of “animals” does not include dogs or dogs, which is not surprising given that dog meat is consumed only in a few northeastern states.
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