According to Live Law, the Kohima Bench of the Gauhati High Court overturned a Nagaland government decision from three years ago that prohibited the commercial import, trade, and sale of dog meat at markets and dine-in restaurants.
After hearing a petition from three individuals who provided and sold dogs and dog meat in Nagaland prior to the ban’s enforcement through notice on July 4, 2020, Justice Marli Vankun issued the judgement.
The court noted that the primary question at hand was whether the State government properly published the contested notice in light of the FSSAI circular of August 6, 2014, which referenced the definitions of “animals,” “carcass,” and “meat” in the applicable regulation from 2011.The court noted that dogs or other canines are not specified in the definition of “animals,” which it found “not surprising” given that, with the exception of the Northeast, “the very idea of consuming dog meat is alien” to the rest of the nation.
The court noted that eating dog seems to be an acceptable habit and food among the Nagas even in current times, therefore the challenged notice made on July 4, 2020, supposedly in compliance with a Cabinet resolution, was subject to being overturned.
This is because “there being any law passed by the legislation in relation to the trade and consumption of dog meat” prevented the notice from being rescinded. Also, the court ruled that the Chief Secretary lacked the power to issue the challenged prohibition order.
The court further noted that the petitioners’ primary source of income came from the transportation and sale of dogs.
