Bias in terming dog breeds dangerous

According to Hammond et al. (2022): “Many individual dogs within banned breeds may act aggressively not because of their intrinsic higher than average aggressive tendency, but because they more frequently have owners who mistreat them and/or specifically train them to act aggressively. This may lead to a correlation between “dangerous breeds” and aggressive behaviour that may be independent of the natural aggressive tendencies in these breeds.”

A mistreated dog is more likely to act aggressively than a dog who is treated adequately (Barnes et al., 2006).

Vaishnavi Parashar (2024) in her article entitled: Centre bans 'dangerous' dog breeds: Activists question who make them dangerous, published on the IndiaToday website elucidates:

“The Centre's ban on 'dangerous' dog breeds prompts activists to question the label's validity, advocating for responsible breeding practices and emphasising human accountability in shaping canine behaviour.” (Parashar, 2024).

In support of the question as to which dog breeds can be labelled as dangerous, Hammond et al. (2022) have observed: “Aggressive behaviour by dogs is a considerable social problem, but the ability to predict which individuals may have increased aggressive tendencies is very limited,

restricting the development of efficient preventive measures. There is a common perception that certain breeds are more likely to exhibit aggressive behaviour, which has contributed to the introduction of breed-specific legislation. The rationale for such legislation explicitly assumes high heritability of this trait while also implying relatively little variation within breeds; these assumptions are largely untested” (p. 1806).

Indian legislation  (SUBHEAD)

The present statute in India which necessitates that the owner be held responsible and accountable for their pet has been neatly delineated under Section 11 of The Prevention of Cruelty to Animals Act, 1960 prescribes and enumerates the forms of cruelty.

S. 11. Treating animals cruelly:

(1)(a) Beating, Kicking, Over-riding, Over-driving, Over-loading, Torturing, Causing unnecessary pain or suffering to any animals;

(b) Employing any animal which, by reason of its age or any disease, unfit to be so employed, and still making it work or labour or for any purpose;

(c) Wilfully and unreasonably administering any injurious drug or injurious substance;

(d) Conveying or carrying, either in or upon any vehicle in such a manner as to subject it to unnecessary pain or suffering;

(e) Keeping or confining any animal in any cage or any receptacle, which does not measure sufficiently in height, length and breadth to permit the animal a reasonable

opportunity for movement;

(f) Keeping for an unreasonable time any animal chained or tethered upon an unreasonably heavy chain or chord;

(g) Being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement;

(h) Being the owner of any animal fails to provide such animal with sufficient food, drink or shelter;

(i) Being the owner, without reasonable cause, abandons any animal in circumstances, which render it likely that it will suffer pain by reason of starvation or thirst.

Central government

directive

As per the recently issued Letter by the Joint Secretary of Ministry of Fisheries, Animal Husbandry & Dairying of the Government of india on 12th March, 2024:

“The Committee has identified the following breeds of dogs as ferocious which are dangerous for human life:

“Breeds (including mixed and cross breeds) like 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, Tornjak, Sarplaninac, Japanese Tosa and Akita, Mastiffs (boerbulls), Rottweiler, Terriers, Rhodesian Ridgeback, Wolf dogs, Canario, Akbash dog, Moscow Guard dog Cane corso and every dog of the type commonly known as a Ban Dog (or Bandog)".” (Dr. O. P. Chaudhary, 2024, p. 1).

Discussion in

Goa Assembly

Interestingly, as per the response of Nilkanth Halarnkar, Minister for Animal Husbandry & Veterinary Services  to the Unstarred Question No. 007 tabled by Aleixo Lourenco, MLA, to be answered on 07/08/2024:

“The stray dogs live in packs and there is competition for feeding. Hence they develop mentality to attack passerby, in groups. But the stray dogs don’t bite generally, unless provoked. Owned dogs of some breeds which are ferocious are difficult to control for the handler and this leads to attack on strangers when they are walking on the streets. Awareness programme regarding dog behaviour, feeding of stray dogs, rabies as a disease, are taken up by Mission Rabies in various Educational Institutions, Village Panchayats, Clubs etc. which will help understanding dog psychology & behaviour and reduce the dog bites. The department has also notified a policy for street and pet dog care giving in the form of guidelines.”

Proposed

legislative focus

Hammond et al. (2022) have rationalised that: “While accidental bites (e.g. during play) and redirected bites (e.g. in situations when dog owners try to prevent intraspecific aggression) may be common, their accidental nature requires different strategies for their prevention. Therefore, it is understandable that there is the greatest legal focus on the risk from agonistic encounters, in which bites are typically the end point of an escalating series of threats” (Siniscalchi et al., 2018).

The legislative solution should be directed towards: “An explicit assumption underpinning the rationale for breed-specific legislation (BSL) is a high heritability of the tendency towards aggression in dogs, with an implicit assumption that there is relatively little variation within breeds. High heritability is necessary for a trait to become breed-specific or breed-typical, as occurs with breed-related morphological traits. In theory, breed-typical behavioural traits could be achieved also by specific training provided to all individuals representing the breed, but in such case, any legislative solution should address the training rather than the breed.” ((Hammond et al., 2022, p. 1807).