Gauhati HC quashes 2020 Nagaland order banning sale of dog meat

The order, issued by the state’s Chief Secretary, had been based on a 2014 circular issued by the Food Safety and Standards Authority of India, which stated that the slaughtering of animals other than the ones specified under a sub-regulation of the Food Safety and Standards (Food Product Standards and Food Additives) Regulation, 2011 was not permissible. The 2020 order notified by the state government stated that since dogs are not part of the list, the ban on the sale of dog meat was necessitated.

In its judgment, the high court observed that the absence of dogs from the list was “not surprising” since the consumption of dog meat is limited to some parts of Northeastern states and is alien to other parts of the country. However, the court observed that dog meat “appears to be an accepted norm and food amongst the Nagas even in modern times”.

The court observed that the definition of “food” in the FSS Act, 2006 is “wide and liberal enough” to include dog meat since it is defined primarily as “any substance, whether processed, partially processed or unprocessed, which is intended for human consumption”.

The court further observed that the primary role of the FSSA is to “ensure availability of safe and wholesome food for human consumption by making regulations consistent with the Act” and that the duties and functions of the authority as listed in the Act does not mention the power to issue prohibition orders.

“It appears that the Food Safety and Standards Authority of India has acted beyond its duties and function under section 16 of the FSS Act, 2006,” the court stated.

Quashing the 2020 order, the court also stated that the Chief Secretary was not the appropriate authority to issue it since the FSS Act provides for appointment of a Commissioner of Food Safety for the state for efficient implementation of food safety and standards and other requirements laid down under the Act.