Open Access Research Article

ILLEGAL BREEDING OF DOGS: A CRITICAL ANALYSIS OF ANIMAL WELFARE RIGHTS

Author(s):
VARSHINI VS
Journal IJLRA
ISSN 2582-6433
Published 2024/04/24
Access Open Access
Issue 7

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ILLEGAL BREEDING OF DOGS: A CRITICAL ANALYSIS OF ANIMAL WELFARE RIGHTS
 
AUTHORED BY - VARSHINI VS, 21212264
3rd Year Law student BBA LLB,
Christ (deemed to be) University, Delhi NCR
 
 

SUMMARY

Illegal dog breeding in India poses serious concerns for animal welfare and public health. Driven by profit, it mistreats breeding dogs, leading to health issues in puppies. Weak regulations enable substandard breeding and sales, escalating stray dog numbers. Curtailing this requires stringent laws, awareness, responsible pet practices, and collaboration among stakeholders for a more ethical pet industry. On the other hand, buying dogs adversely affects street dogs. The demand for specific breeds supports illegal breeding and increases the number of strays. This shifts attention from helping street dogs, worsening their already precarious situation. Prioritizing buying over adopting sidelines street dog welfare.
 

ABSTRACT

This paper talks about the illegal breeding of dogs and how it leads to proliferation among the stray dogs in an indirect way. This paper focuses on the issue of backyard breeding which is a method of exploitation of breed dogs which comes under the (Pet Shop) Rules 2018 and (Dog Breeding & Marketing) Rules 2017 and what actions can be taken on the breeders without license. This does not just cause harm to the breed dogs but indirectly affects the stray dogs too. When people tend to pay and buy dogs from these breeders and pet shops, the concept of adoption is totally pushed out of the picture where it leads to the increase in population which causes incidents like attacks, bites, etc., This paper also focuses on why the ‘adoptdontshop’ concept is very important to create a balanced and better environment for the dogs to survive. This paper also seeks attention for the rapid and intense implementation of programmes like ABC and CNR certified by the government to humanely control their population instead of mass killings and brutally beating them to death.
 
 

KEY WORDS

Animals, Animal Welfare Laws, Breeders, Dogs, Illegal breeding, Pets, Stray dogs.
 

INTRODUCTION

In the name of breeding, the breed dogs are exploited and bred in a miserable manner by being caged and kept in a contaminated environment. Once the dogs are no longer fit to reproduce, they’re either abandoned on the streets or left to die in the breeder’s hand without any medications or proper treatment. Due to the craze and urge amongst the people to buy breed puppies that are straight out from the puppy mills1 to show their wealth and status, these breeds are bought from the breeders as well as from pet stores at high prices. Most customers are unaware where the puppies are from and the others are just ignorant.

1  PUPPY MILLS: THE SICKENING TRUTH BEHIND ILLEGAL BREEDERS IN INDIA AND HOW YOU CAN STOP THEM DAWGIEBOWL,

Most of these pet shops and breeders2 are not registered under the (Pet Shop) Rules 20183 and (Dog Breeding & Marketing) Rules 20174 which lays down rules that breeders must possess license to breed and sell and this is where backyard breeding5 comes into the picture. In most cases these dogs are abandoned and end up on roads when their owners are no more interested or cannot afford their normal and the medical expenses. Since they are not trained and affected by diseases, they tend to mix with the stray dogs and exhibit aggressive6 behaviour which results in dog attacks, bites and other nuisance created by them and considered as a menace to the society.
Over the years, activists7 who are willing to help and rescue the dogs in need are not able to do it due to the ignorance of the authorities and their lethargic attitude. Even though there are laws and regulations to prevent cruelty to animals, these people find various loopholes and also illegal ways to get out of it and a grey area always exists. The reason for this is mainly the absence of proper visits, examination and inspection of the breeding places8.
When there are already so many dogs in need of homes, new puppies are brought into the market for sales and the old one remains on the streets, surviving in harsh conditions which makes them aggressive and ferocious9. This can be avoided if the authorities take proper measures by eliminating the unlicensed breeders and pet shops and intensely make use of programmes like, Animal Birth Control (ABC), Catch, Neuter and Release (CNR)10.
 
 

BACKYARD CANINE BREEDING RAMPANT DECCAN HERALD,
3 Ministry of Environment, Forest and Climate Change Notification, 2018
4 The Dog Breeding and Marketing Rules 2017
THE TRUTH ABOUT PUPPY MILLS: WHAT IS UNETHICAL AND ILLEGAL DOG BREEDING IN INDIA? INDIA TODAY,
GOVT BANS IMPORT, BREEDING, AND SALE OF DANGEROUS DOG BREEDS INCLUDING PITBULL, BULLDOG. HERE IS THE COMPLETE LIST THE ECONOMIC TIMES,
ILLEGAL DOG BREEDING SITE BUSTED AT GHANSOLI, FIVE ANIMALS RESCUED: MUMBAI NEWS - TIMES OF INDIA THE TIMES OF INDIA,
8 ARE DOG BREEDERS ALWAYS BAD? PETA, https://www.peta.org/features/are-dog-breeders-bad/ (last visited Apr 21, 2024)
9 DOG BREEDING LAWS IN INDIA – IS IT LEGAL TO BREED DOGS? VEGAN INDIA!,
10 Prevention of Cruelty to Animals Act, 1960

Eventually when there’s no proper action taken by the authorities11, the public tends to take the situation in their hands which resulted in mass killings12 of street dogs in an inhumane and brutal way.
 

DISCUSSION

The global issue of illegal dog breeding, including in India, involves profit-driven and unethical practices that disregard the well-being and genetic health13 of dogs. In India, the demand for specific breeds fuels unregulated breeding operations focused on profit rather than animal welfare.
This unethical breeding leads to health problems and genetic issues in breeding dogs and their offspring, impacting both their physical and mental health. Buyers unknowingly face risks of acquiring dogs with health or behavioural issues, causing emotional and financial strain.
The surge in poorly bred puppies worsens the already large population of stray dogs. This diverts resources from caring for street dogs and managing their numbers.
Solving this issue necessitates stricter regulations, law enforcement, and public awareness14. Encouraging adoption from shelters, responsible pet ownership, and support for ethical breeders are key to combating illegal breeding.15
Ultimately, addressing illegal dog breeding means fostering a more ethical approach to pet ownership and ensuring the well-being of all dogs, regardless of their breeding status.
 
 

ILLEGAL DOG BREEDING REMAINS RAMPANT DUE TO LAXITY OF AUTHORITIES, SAY ANIMAL RIGHTS ACTIVISTS INDIA TODAY,
-2023-06-01 (last visited Apr 21, 2024)
KERALA DOG KILLING: ACTIVISTS DEMAND END TO CRUELTY, STAGE STIR AT JANTAR MANTAR HINDUSTAN TIMES,
ILLEGAL PUPPY TRADE AND DOGS WITH GENETIC DISORDERS FOUR PAWS INTERNATIONAL - ANIMAL WELFARE ORGANISATION,
IF DOGS ARE OUR BEST FRIENDS, WHY ARE THERE PUPPY MILLS? PSYCHOLOGY TODAY,
-puppy-mills (last visited Apr 21, 2024)
BAN ILLEGAL BREEDING OF DOGS RATHER THAN SPECIFIC BREEDS, DOG OWNERS TELL CENTRE INDIA TODAY,

SOLUTION

Addressing illegal dog breeding in India requires strong laws that enforce ethical practices and safeguard animal welfare. Enhancing current legislation and introducing targeted laws can effectively curb unethical breeding:
1.      Compulsory Licensing and Registration16: Enforce strict licensing criteria for breeders, ensuring compliance with animal care standards. Regular inspections and thorough records of breeding dogs and facilities can maintain adherence.
2.      Law Enforcement and Penalties: Empower authorities to closely monitor breeding sites and pet outlets, imposing significant penalties for illegal practices to deter unethical behavior.
3.      Regulation of Online Sales17: Introduce rules governing online pet sales, ensuring transparency in breeders' backgrounds and animal health records while ensuring compliance with legal breeding standards.
4.      Promotion of Responsible Ownership18: Laws mandating education on responsible pet ownership before acquiring a dog can reduce impulsive purchases and subsequent abandonment.
5.      Support for Adoption and Shelter Systems19: Incentivize shelter adoptions over buying from breeders or stores, potentially offering subsidies or tax benefits to encourage adoption.
6.      Collaboration and Awareness Campaigns: Foster collaboration among law enforcement, animal welfare groups, and the public to raise awareness about ethical breeding practices and responsible pet ownership.
7.      Establishment of Breeding Standards: Develop clear guidelines emphasizing the well-being of breeding dogs and their offspring.
8.      Tighter Controls on Import/Export20: Enforce stricter controls on dog import/export to prevent illegal breeding operations from crossing borders.
 

REGULATIONS RELATED TO DOG BREEDING IN INDIA. IPLEADERS, https://blog.ipleaders.in/dog-breeding-regulation/ (last visited Apr 21, 2024)
NATUREWATCH FOUNDATION CAMPAIGNS | NATUREWATCH FOUNDATION - ANIMAL WELFARE NATUREWATCH,
https://naturewatch.org/campaigns/ (last visited Apr 21, 2024)
INCREASE IN PIT BULL ATTACKS, EXPERTS SAY “STOP ILLEGAL BREEDING, TRAIN DOGS, EDUCATE OWNERS ABOUT BREED” - TIMES OF INDIA THE TIMES OF INDIA,
ADOPT TO ENSURE ILLEGAL BREEDERS SHUT SHOP BANGALORE MIRROR,
MADRAS HIGH COURT QUASHES NOTIFICATION BANNING IMPORT OF DOGS FOR COMMERCIAL ACTIVITIES LIVE LAW,

Implementing comprehensive measures supported by stringent laws, effective enforcement, and public awareness can significantly reduce the problem of illegal dog breeding in India.
 

CONCLUSION

Buying dogs inadvertently worsens the situation for street dogs in several ways. The demand for specific breeds fuels illegal breeding, diverting resources from street dog care. Additionally, choosing to buy instead of adopting reinforces stigma against street dogs, hindering their adoption and population management efforts. Financially supporting buying dogs leads to unethical breeding, adding to the population of poorly bred dogs, potentially contributing to the street dog population. Ultimately, purchasing dogs perpetuates the neglect faced by street dogs, highlighting the importance of promoting adoption and responsible ownership to break this cycle.
 

ACKNOWLEDGEMENT

This paper was not funded by anyone.
 

CONFLICT OF INTEREST STATEMENT

The author has no conflicts of interest.
 

LITERATURE CITED

Krithika Srinivasan, Vijay K. Nagaraj, Deconstructing the Human Gaze: Stray Dogs, Indifferent Governance and Prejudiced Reactions, 42, EPW, 1085-1086 (2007), doi: https://www.jstor.org/stable/4419403
R Chandran, P A Azeez, Stray Dog Menace: Implications and Management, 51, EPW, 58-65 (2016), doi: https://www.jstor.org/stable/44165908
Krithika Srinivasan, The Biopolitics of Animal Being and Welfare: Dog Control and Care in the UK and India, 38, Transactions of the Institute of British Geographers, 106-19 (2013), doi: https://www.jstor.org/stable/24582444
Sreejani Sen Majumder et al, A dog’s day with humans-time activity budget of free-ranging dogs in India, 106, Current Science, 874-878 (2014), doi: https://www.jstor.org/stable/24102275
Abhishek Anand, Illegal dog breeding remains rampant due to laxity of authorities, say animal rights activists, India Today (Editorial), Jun 1, 2023, doi: https://www.indiatoday.in/india/story/illegal-dog-breeding-issue-animal-rights-activist-huskie s-pitbulls-2386686-2023-06-01
 
Nivedita Shenoy, Dog lovers or pedigree lovers? The ugly truth about illegal dog breeding, WION                               (Editorial),                    Jul                    27,                    2022                    doi: https://thesocialtalks.com/opinion/dog-lovers-or-pedigree-lovers-the-ugly-truth-about-illegal- dog-breeding/
Kabir Gama-Roy v. Goa State Animal Welfare Board, 2020 SCC OnLine Bom 255,

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International Journal for Legal Research and Analysis

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