Kohima: In a major setback to the Nagaland government, the Kohima bench of the Guwahati High Court has set aside the Nagaland government's decision to ban the sale of dog meat in restaurants, as well as commercial import, sale and sale of dogs and the dog market. A bench headed by Justice Marli Wankun pronounced its verdict on June 2, saying that the Chief Secretary of Nagaland was not the appropriate authority to issue an order related to the ban on July 4, 2020. 

The state government had banned the commercial import and trade of dogs as well as the dog market and the sale of both types of raw or cooked meat of dogs. The ban was temporarily suspended by a single bench of the High court in November 2020 after the Nagaland government failed to respond to a petition filed against the ban, citing provisions of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011).

The petition was filed in the High court on behalf of traders who had obtained licences under the Kohima Municipal Council to import dogs and sell dog meat, challenging the legal basis and jurisdiction of the ban. The petitioners say that the government notification was misinterpreted and there was more trust in the Food Safety Act. 

To this, the court said the focal point of consideration is whether the Food Safety and Standards Authority of India (FSSAI) has acted beyond its delegated powers by issuing its August 2014 circular, which defines Regulation 2.5 of the Food Products Standards and Food Additives Regulation 2011. Animals, carcasses and meat in which sub-regulation 2.5.1(a) defines "animal", and whether, in pursuance of the circular, the state of Nagaland had issued an objectionable notification dated 4 July 2020. Justice Vankun noted that dogs were not mentioned under the definition of "animals", adding that it was not surprising as dog meat was consumed only in some parts of the northeastern states.

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