Gurgaon: MCG has issued a fresh enforcement order linking existing dog registration rules with stricter controls on breeds classified as dangerous and ferocious, warning that owners may face criminal proceedings under Bharatiya Nyaya Sanhita (BNS) for dog attacks, bites, intimidation, injuries or negligent handling of pets.The order, issued by MCG commissioner Pradeep Dahiya on Wednesday, states that any incident endangering public safety may invite action under Section 291 (negligent conduct regarding animals) of BNS in addition to proceedings under municipal laws. It has come into force with immediate effect.Registration of pet dogs is already mandatory under the Haryana Municipal Corporation (Registration and Proper Control of Dogs) Bye-Laws, 2008. MCG said it was issuing the fresh directive after receiving complaints regarding dog-bite incidents, attacks by pet dogs, free movement of dogs in public spaces and violations of statutory provisions by some pet owners, posing a threat to public safety and public health.The order imposes additional obligations on owners of breeds identified by an expert committee under the Centre’s department of animal husbandry and dairying as dangerous and ferocious — Pitbull Terrier, Tosa Inu, American Staffordshire Terrier, Fila Brasileiro, Dogo Argentino, American Bulldog, Boerboel, Kangal, Central Asian Shepherd Dog, Caucasian Shepherd Dog, South Russian Shepherd Dog, Japanese Tosa, Akita, Mastiffs, Rottweiler, Rhodesian Ridgeback, Wolf Dogs, Canario, Akbash Dog, Moscow Guard Dog, Cane Corso, Bandog and their mixed or cross-breeds.All pet owners within municipal limits have been directed to register their dogs, ensure registration tokens are worn at all times, use leashes outside private premises, clean up excreta immediately, vaccinate against rabies regularly and prevent pets from intimidating or attacking any person or animal.Owners of ferocious breeds face heightened obligations — strict physical control at all times, and leashes, chain leads and muzzles whenever dogs are taken outside. The order also invokes Section 311 of the Haryana Municipal Corporation Act, 1994, warning that non-compliance will attract action without further notice.However, experts have flagged significant legal and constitutional concerns with the order. Chetna Joshi, honorary animal welfare officer, Animal Welfare Board of India, said that while MCG is entitled to enforce registration and control requirements under municipal law, Section 291 is a negligence offence, not a municipal compliance provision.“Criminal liability arises only where the statutory ingredients of negligent handling and foreseeable danger are established on the facts of a particular case. A breach of a municipal order does not, by itself, translate into criminal liability under BNS,” she said.Joshi also pointed to a fundamental mismatch between the central advisory MCG has relied upon and the action it is now taking.The Centre’s order was directed at regulating the breeding, import and sale of particular breeds. MCG, by contrast, is targeting existing owners. She added that the blanket classification of multiple breeds and their crossbreeds as dangerous and ferocious raises constitutional concerns.“Such categorical labelling risks falling foul of Article 14’s prohibition on arbitrariness, especially where restrictions are imposed uniformly across breeds without case-specific evaluation. Regulation is permissible, but when regulation turns into sweeping classification without measurable standards, it crosses the line from lawful control into excessive administrative overreach,” Joshi said.In Dec 2022, Punjab and Haryana high court stayed a Gurgaon consumer forum order banning pet dogs of 11 foreign breeds. Joshi said the matter remains sub-judice.Sumit Singla, a dog rescuer and owner from Sector 83, said the provisions being cited were not new. “MCG reiterating them does not mean the civic body can confiscate a pet dog on the allegations of other residents or somebody who feels threatened by pets,” he said.
