Dog meat can again be sold in Nagaland after HC overturns 2020 ban

The Guwahati High Court overturned a 2020 order issued by the Nagaland government that had imposed a complete ban on the sale of dog meat.

The ban had prohibited the commercial import, trading, and sale of dogs, as well as the sale of dog meat in markets and restaurants.

The ban had sparked widespread controversy in the state, particularly due to arguments that the prohibition disregards Article 371(A) of the Constitution, which grants Naga tribes the right to practice and preserve their customary laws and social practices.

In its ruling came on last Friday, the Guwahati High Court observed that the consumption of dogs is not explicitly mentioned under the Food Safety and Standards Regulation of 2011.

The court also highlighted that this omission is not surprising, given that the consumption of dog meat is limited to certain parts of the northeastern states and is considered unfamiliar in other regions of the country.

The High Court acknowledged that there is ample evidence to support the claim that tribes in Nagaland consume dog meat, as recorded in various books. The court order stated, “There is also a belief that dog meat is also having medicinal value. The consumption of dog meat appears to be an accepted norm and food amongst the Nagas even in modern times, wherein the petitioners are able to earn their livelihood by transporting dogs and selling dog meat.”

The High Court further determined that the state’s chief secretary did not possess the appropriate authority to issue the ban order.

According to The Indian Express, the ban had been implemented following concerns raised by animal rights activist and Lok Sabha MP Maneka Gandhi regarding the continued killing and consumption of dogs in Nagaland. She had urged residents to email the state’s chief secretary to put an end to “dog bazaars and dog restaurants” in the state.

Following the enforcement of the ban, three dog meat traders challenged the order, contending that it violated principles of natural justice and their fundamental rights as guaranteed by Articles 14 (equality before the law), 19 (freedom of speech and expression), and 21 (protection of life and personal liberty) of the Constitution.

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