PAW AND THE LAW – A STUDY CONCERNING THE BAN ON DOG BREEDS AND COMPARISON WITH BREED-SPECIFIC LEGISLATION

Dogs are among the most loyal, affectionate, and complex animals known to humans. However, their behaviour particularly in cases involving aggression can vary significantly depending on their upbringing, environment, and treatment. This paper explores the legal, ethical, and social implications of breed specific dog bans in India, with a particular focus on the recent proposal to prohibit 23 so called “dangerous” dog breeds. Rather than addressing the root causes of dog aggression, such bans often stigmatize certain breeds based on isolated incidents and media sensationalism. It challenges the assumption that certain breeds are inherently dangerous and argues that owner behaviour, lack of training, neglect, and abuse are far more predictive of canine aggression. Drawing from both Indian legal frameworks and international examples including the United Kingdom, Italy, and the Netherlands the study advocates for behaviour-based assessments and responsible ownership practices over blanket breed bans. The paper also discusses Section 291 of the Bharatiya Nyaya Sanhita, 2023, comparing it with earlier provisions under the Indian Penal Code, and evaluates whether the current penalties are sufficient to deter negligent pet ownership. Ultimately, this study recommends enforceable leash laws, public education, mandatory pet registration, and stronger penalties for owner misconduct. These measures, grounded in constitutional values and animal welfare principles, offer a more effective and humane approach to ensuring public safety than indiscriminate breed bans.