KENNEL CLUB OF INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Kennel Club of India, was founded in the year 1896 by the Britishers and has been functioning from then onwards. The Kennel Club of India (Shortly "KCI") was registered as a Society under the Tamil Nadu Societies Registration Act, 1975. The KCI is a body maintaining breed standards and pedigrees of all recognized dog breeds. KCI is recognized by the Federation of Cyrologique International (Shortly "FCI"), which is internationally the most popular and supreme body dealing with dog breeds recognized throughout the world. The KCI has daughter dog clubs throughout India and those clubs are also registered as societies and are affiliated to KCI and in turn, KCI is affiliated to FCI. The various clubs affiliated to KCI conduct dog shows that are approved by KCI.

(2.) According to the petitioner-KCI, on an average about 120 dog shows recognized by them are held annually in various part of the country every year.

(3.) While so, the third respondent Veterinary Council of India (Shortly "VCI") sent a notice dated 11.11.2011 to KCI stating that the second respondent Animal Welfare Board of India (Shortly "AWBI") intimated them that the pups belonging to certain breeds such as Doberman, Cocker Spaniel, Great Danes, Boxer etc., are being subjected to avoidable and unnecessary cruel cosmetic surgeries, such as docking the tails and cropping of the ears by practicing Veterinary Surgeons and some quacks all over the country on request from their owners, which is contrary to law. The said notice further states that the pups undergo immense pain and suffering and discomfort due to the cruel procedures of tail docking and ear cropping. The said notice proceeds that the said procedures cause mutilation and amount to cruelty to animals as per the Prevention of Cruelty to Animals Act, 1960 (Shortly "the Act") and is therefore a punishable offence. The said notice also states that the developed nations, such as UK have already banned tail docking and ear cropping. Ultimately, VCI was advised to bring to the notice of the Veterinarians concerned with KCI to stop the aforesaid procedures with immediate effect, failing which, strict action against those Veterinary Practitioners would be initiated by AWBI.