Legal Framework for Dog Breeding and Sale in India

Home breeding involves allowing one’s pet dog to mate purposely or accidentally with airs, local stray community dogs or with other pet dogs within the household.

As pet parents, we often say that it is the privilege of the dog to say that it has mated at least once in its lifetime. One also ends up making the dogwt maybe they want cute little babies of that furball and it simply asked for much dog-to-mate. Yes, there’s some harm in letting our dogs mate,dog puppies and then giving them away to friends and relatives and selling them for some money. However, the law does not quite support our actions.

Before we come to the legal grounds in India, we must add the ethics, rather, the morals of allowing our male dogs to mate with community dogs thereby making a bad situation of stray dogs more worse. Furthermore, we should consider what those factors include-havoc caused by an ill-supervised,- non-professional dog mating compared to the conditions under which they were mated and the associated health scare: possible infections as well as sexually transmitted diseases during the course of the process and serious health risks attached to canine pregnancy.

Overview on Legal Framework for Dog Breeding and Sale in India

1. Breeders

Definition & Functions of Breeders: 

Breeders are those people or organisations which possess dogs of any particular breed and breed them for the main motive of selling puppies. Such breeders might or might not have registered their dogs for any specific kennel club, but the involvement into breeding has always been for some commercial purposes.

Legal Framework:

A. Prevent of Cruelty to Animals Act, 1960: 

The above Act at very much the basic level establishes the animal-human relationship in India in a humane context. However, it does not cater particularly dog breeding. The laws would expect that breeders shall not be given to acts of cruelty, such as forced breeding or neglect or other treatment on humane grounds.

B. The Animal Birth Control Rules, 2001: 

Primarily for the control of stray dog populations in an area, these ABC Rules have certain bearings on breeders. They insist on responsible breeding and must sterilise on account of the race and uncontrolled breeding regulation under these rules applies mainly to show dogs in terms of overcrowding and desertion. 

C. Kennel Club Laws: 

The Kennel Club of India has laid down certain conditions for breeders who intend to register their dogs with a Kennel Club. In a nutshell, these laws elaborated that breeding purebreds should be healthy and temperamental. Mostly, this requires registration, health certification and genetic testing for such breeding dogs.

Responsibilities

• Facilitate quality care, veterinary attention and living conditions to breeding dogs.
• With respect to dogs bred, maintain all relevant documentation, including health certificates, during the puppy sale. 
• Comply with the kennel club or breed registry instructions (if applicable). 
• Prevent unethical practices like inbreeding, overbreeding and animals being used for profit.

2. Traders

Definition and Role: 

Traders are the entities or individuals who engage in the selling of puppies, whether bred by themselves or purchased from other breeders. Traders generally transact through pet stores or online channels. It acts as a critical juncture for the public in commercial distribution of puppies.

Legal Framework:

A. Prevention of Cruelty to Animals Act, 1960: 

Traders must provide animals for sale free from cruelty. It includes the aspects of care, hygienic housing and availability of necessary veterinary care to the animals.

B. Pet Shop License: 

Under the Prevention of Cruelty to Animals (Pet Shop) Rules, 2018, pet shops (which also consists a category of traders selling dogs) must receive a licence from local authorities. Such a licence is meant to validate that the operation of pet shops is along the animal welfare guidelines. 

The kind of requirements that the facility ought to observe include the provision of enough space, food, water and healthcare for the animals. The pets dealing with puppies must comply with these provisions to ensure humane treatment.

C. Consumer Protection Act, 2019: 

Traders must share accurate information about the puppies sold from breed, age and health status to vaccination. Any discrepancies or false information may create an act for illegalities under the Consumer Protection Act, where the buyer is entitled to file suo motu complaints against the fraudulent traders.

Responsibilities

• Maintain puppies in a healthy, fed and clean-safed surroundings.
• Ensure that full and accurate information is supplied to buyers, including a report on the puppy’s vaccination history, microchip information and breeder information as Relevant.
• Puppies should not be sold when sick, too young or unsocialised. 
• Comply with licensing requirements and municipality regulations for pet shops.

3. Boarding Kennel Operators

Definition and Role: 

Boarding kennel operators are to board the dogs in temporary safekeeping, such as during the vacations or travels of their owners. They could be private kennel holders or boarding operators of shelter facilities that provide food, shelter and medical care to dogs during their stay.

Legal Framework: 

A. Prevention of Cruelty to Animals Act, 1960: 

Boarding kennel operators have this responsibility to treat with humanity the dogs under their care. This includes provision for adequate space, food, exercise and attention besides preventing conditions of neglect and cruelty to the animals.

B. Pet Care Facility Guidelines: 

While sometimes not enforced legally, such voluntary guidelines and best practices exist for running a boarding kennel. Such guidelines would be made available by The Kennel Club of India (KCI) and, in some cases, other animal welfare organisations, for setting up boarding facilities for animal welfare priorities.

C. Local Health and Safety Laws: 

Boarding kennel operators are expected to comply with the local health and safety laws, which may be related to cleanliness and sanitation, provision for proper medical care as indicated and housing dogs in secure and comfortable conditions. 

Responsibilities: 

• Safe and clean for the dogs. 
• Provide all dogs with adequate food, water and exercise during their stay along with any necessary veterinary care. 
• Maintain accurate records of the dogs in his or her care, including emergency contact details and health histories. 
• Follow all required licensing and operational regulations that might differ from one state or local jurisdiction to the other.

Pedigree dogs

Pedigree dogs are indeed foreign imported dogs or from high breeds like Husky, German Shepherd, Rottweiler, Labrador, Doberman and pug. In the year 2016, the Director General of Foreign Trade (DGFT) placed a ban on pedigree dog importation. 

However, in India, the importation of pedigree dogs will no longer be allowed unless they are required by the defence and police forces. For this reason, breeders in India cannot now import pedigree dogs according to the ban. 

This was enforced to save the suffering of thousands of dogs. This rule according to People For Animals (PFA) would put a stop to the increasing population of the breed end on being street dogs. 

Breeders like Husky and St. Bernard would not survive because the high temperature is not withstood by these dogs, as they cope better in snow-like temperatures. Also, this ban would avoid importing breeds in which the unsuitable Indian climate is not quite convenient.

One cannot be more accurate in the context: it imposed the ban on pedigree dogs since there was a case of a breeder, who was importing 2 Korean puppies for around 2 crores. To breed a Korean mastiff can only survive in the mountains. But the money is bringing them inside this country. Thus, here comes the government rule on a ban of purchase for pedigree dogs. 

Earlier laws allowed breeders to keep dogs under inhumane conditions for breeding purposes. They were treated as commodities in very unsound and inhumane conditions. Females were put up tight for their entire lives and were abused severely. Females were effectively raped to produce as many puppies as possible which commercial breeders would sell. 

Breeders would make home delivery of the puppies. The dogs were kept in cramped cages with no room to move even a limb, much less a paw. This done was quite cruel behavior by the breeders towards the animals.

Regulations rated to dog breeding in India

For Female Dogs

To protect and promote the reproduction process of female dogs that undergo it, the following rules apply:

1. Age and Health Requirements: As a prerequisite, healthy female dogs have to be at least one and a half years old before they can be bred. Their health must be attested to by a veterinarian not less than 10 days prior to breeding.

2. Breeding Intervals: Female dogs cannot be bred in two allowances within the ring. They are not to be bred more than once a year to prevent being overwhelmed with breeding or compromising the dog’s health.

3. Breach on the Lifetime Breeding Limit: No female dog is expected to breed more than five (5) times in her entire life. Avoid potential health problems caused by excessive breeding and to ensure the dog’s health long-term.

For Male Dogs

Restrictions and other rules apply as well to male dogs whose health and suitability for reproduction would be severely compromised by allowing excess reproduction:

• Age and Health Requirements: Male dogs have to be healthy adults too and be no younger than 18 months at the time of mating. Similar to the female, they have to be cleared healthy and fit for breeding by a practising veterinary doctor not more than 10 days before the breeding process begins.

General Rules For Commercial Breeding And Sale Of Dogs And Pups

• Dog owners should obtain a (annual) license from the Local Civic Authority and Animal Welfare Board of India (AWBI) for keeping dogs for breeding in accordance with these rules.

• License applicants should get a license from the Local Civic Authority for breeding dogs and premises/establishments as a prerequisite to getting an AWBI license.

• The charges for the licenses would be prescribed by AWBI category-wise.

• All of the licensees are supposed to have a notice whereby the premises/establishment has been licensed for breeding/selling dogs.

• All licensed pet shops should source/procure pups from licensed breeders only against a source record.

• The licensed premises/establishments shall be open for inspection by persons (Inspectors) duly authorised by the AWBI.

• The Kennel Club in India and other registered kennel clubs may insist on the breeding of all puppies only from breeding kennels licensed by the local civic authority and by AWBI, while they seek puppy registration certificates.

Regulations for Breeding and Selling Dogs in India

1. Age Requirement and License Application

In order to be entitled to a legitimate license for breeding and selling a dog, an individual must be eighteen years of age or over. Thereafter, an application form submission for breeding and selling dogs to the Animal Welfare Board of India (AWBI) is further followed. 

Again, the application should be in the prescribed format, which can be accessed by visiting the official site of AWBI (https://awbi.gov.in/). Usually, this also requires necessary formalities by Local Civic Authority for granting breeding establishment license.

2. Information Required for License Application

Breeding license involves the submission of the following attachments to the application:

• A valid postal address of the applicant or licensee.
• A current address for the premises in which the animals are housed along with the description of facilities, equipment and records present at the establishment.
• Information about any other premises or locations where the applicant operates, owns or has an interest and involves animals.
• Application form duly filled up and sent to the Secretary of AWBI along with required fees.

3. Premises Inspection by Local Civic Authority

The premises where breeding activities shall be undertaken shall be inspected by the Local Civic Authority prior to granting the license. The inspection is carried out by a veterinary surgeon registered with the Veterinary Council of India. The authority shall prepare a detailed inspection report about the subject premises, the applicant and any other relevant information. Conclusions regarding a grant of license will be based entirely on this report.

After the inspection is over, the Local Civic Authority has to inform AWBI of the decision of granting or denying the license.

4. Parameters for License Grant

The following requirements need to be completed to enable a breeding establishment to benefit from a licensing grant:

• Registration procedure: Abide by the registration requirements of the AWBI.
• Record keeping: Proper documentation of breeding activities and health records of the animals.
• Identification of breeding animals: Identification through forms of microchipping.
• Condition of the establishment: Good condition of premises and infrastructure, facilities.
• Staff records: Complete and up to date of all staff involved in the establishment.
• Details of breeding operation: Information on the kind and the extent of breeding activities.
• General care along with maintenance of animals: Care and facilities to animals have been equipped adequately.
• Animal’s health: Health and welfare of all animals involved in breeding must be assured. 
• Affiliation with a Veterinary Surgeon: The establishment must have a recognised veterinary surgeon affiliated with it in accordance with the Veterinary Council of India.

5. Conditions for Renewal of License

There are conditions for renewal of the breeding license, like:

• The registration process of the Board must be fulfilled.
• It is mandatory to keep up-to-date records.
• All animals being bred need to be identified normally by microchip.
• Staff records must be current and complete.
• All animals should be kept healthy and have proper medical records.
• An annual report on all animals sold, traded, bartered, brokered or exhibited during the previous year is to be submitted by a licensee. This report must be filed at least 30 days before the expiry date of the license.

6. Common Breeding Techniques and their Regulations

These are the breeding methods that have been authorised for breeders in India:

• Outbreeding: This involves the mating of unrelated dogs and is associated with genetic diversity.
• Line breeding: Involves mating closely related dogs to emphasise specific desired traits.

Restricted Breeding Methods

• Inbreeding: Closely related dogs, e.g., second to fourth cousins or uncle-nephew/aunt-niece pairings, are very strictly prohibited from mating. The reason is mainly that close-relationship mating can produce inheritable diseases.
• Incest breeding: This forms the joining of first-degree relatives (such as father-daughter, brother-sister). This is banned too.

Inbreeding and incest breeding are also dangerous because it can lead to the birth of puppies with inherited diseases and health conditions.

7. Other Prohibitions and Conditions

• Age Restriction for Female Dogs: Bred females above the age of 8 years cannot be bred any longer.
• Keeping Records: All breeding establishments should record thoroughly every single produced puppy with relevant details like vaccination histories.
• Alteration: Tail docking, ear cropping or any other form of alteration of puppies that can be regarded as unnecessary or inhumane is strictly prohibited.

Annual Report by Licensee

• Every year, not less than thirty (30) days prior to the expiry date of the licence, the licensee should file an application for the renewal of the license with the Local Civic Authority and AWBI along with the annual report.

• Every licensee shall submit information concerning the total number of animals sold, traded, bartered, brokered or given away or boarded or exhibited during the previous year. This is to be supported with any other information required on the form. (Website: www.awbi.org)

Expiry Of License

Every one of the licenses will therefore expire automatically at midnight on January 31 every year unless there is a properly completed and filled out renewal application along with the requisite fee received by the Local Authority. An application is required from the licensee to the local authority for renewal of their license at least thirty days before expiry of the license. In such case, a new registration license needs to be applied for.

What is Considered Legal Dog Breeding in India?

Registration from the State Animal Welfare Board is essential for legal breeders, as prescribed by the Dog Breeding Rules; thus, legal breeders are those who obtain that registration and breed or sell dogs (irrespective of gender) kept by them. 

The very registration calls for several compliances among those, such as conditions of sale, knowledge about reproduction and breeding ethics, age limits for breeding, prohibitions on inbreeding, etc. Having acquired such registration, a person stands as a breeder from the legal standpoint.

Moreover, it is licensed breeding that has been recognised on the law books in India as the basis for breeding, while home breeding has not been specifically treated as an exception.

While home breeding hasn’t specifically been termed illegal under these laws, it’s very much important to keep in view the spirit of the law for this context. Thus, any person may be considered an illegal breeder for breeding his pet dogs without a breeding license and without following other requirements of the law. In that same vein, it may also constitute an infraction of law by selling puppies derived from home litter.

What Happens If My Dog Accidentally Mates with Another Dog?

While practitioners may justify the sale of puppies to defend the practice, it does not matter whether the intention was to produce puppies or not, because the pet dog mated with another dog, it is automatically classified as an illegal breeder under the law, punishable under the prevention of cruelty to animals act of 1960. 

This could include seisure of both your pet dog and the newborn puppies by the State Animal Welfare Board and the SPCA. Should such a mating come to the notice of the State Animal Welfare Board, animal welfare activists or the municipal corporation, strict actions may be taken against the owner under the aforementioned laws.

The selling of puppies creates the liability against contravening the Pet Shop Rules, Shops and Establishment Rules and more penalties under those rules. So, in such circumstances, it would probably be safest to advise the concerned unit of your municipal corporation and the State Animal Welfare Board or the Honorary Animal Welfare Officer, who may advise the right protocol to be followed in cases of accidental dog mating:.

Pet parents may also not be able to fix the multitudes of puppies into smaller and proper families if accidental mating occurs. The puppies, therefore, may be better off going the SPCA adoption route. Whether the male dog is known or unknown, it is prudent to see a veterinarian if possible with these circumstances, especially for female dogs.

How Does the Recent Dog Breed Ban in India Impact Dog Breeding Laws?

The Ministry of Fisheries, Animal Husbandry and Dairy has recently patrolled states as well as local governments’ suggestions on banning the import, sale and keeping of 23 defined dog breeds. However, it is essential to note that this limitation only relates to the authorised breeding of these dogs. Domestic dog breeding wasn’t expressly outlawed by legislation, for it was never thought good practice. The above-cast has received an additional kick in the form of advising owners of such breeds as pets to sterilise their animals against accidental or planned reproduction.

There hasn’t been anything much done in terms of home breeding as of now; but with the kind of framing and application of rules happening nowadays, it is quite likely that future penalties in such lines will be increased for keeping dogs.

• As per the new rule, all breeders must possess a registration certificate issued by the State Animal Welfare Board after inspection and valid for two years. This is meant to prevent animal cruelty in commercial breeding facilities at their extremes in keeping cruelly caged dogs for long periods without sufficient food or access to veterinary care. 
• People convicted of any offence under the Prevention of Cruelty to Animals Act (or Wildlife Protection Act) may no longer apply for registration as breeders, thereby excluding the worst offenders from being a part of the system.
• The state Animal Welfare Board now has rights to inspect any breeding establishment on any reason including having received complaints from the public. Well if you come to know about any keeping of dogs for sale which is improper, then you can ensure that action is taken to look into it seriously.
• All in all the new rules tighten the hand against breeders-mostly separating those who breed irresponsibly from a breeder community holding newly adopted accountability for their violations. Found by the State Animal Welfare Board, violators can be said to lose their licenses and could have police complaints filed against them. 
• Again, the new regulations benefit because, in the case of pups, there should not be any sale before the eight weeks of age. Studies indicated that separation from mothers or litter-mates before this age could potentially lead to social anxiety development in dogs.

What Should You Do If You Come Across Home Breeding or Sale of Home Litters?

In the first case, you should probably try explaining the laws governing dog breeding in this country. If you see the offense happening repeatedly, you may call your District Animal Welfare Officer, an NGO or a shelter to resolve the issue. You may also write to AWBI at support-awbi@gov.in.

Requirements for Breeding  

• Breeds disqualifying each other shall be disqualified in all forms of breeding by any breeder.
• Knowledge on reproduction, nutrition, well-being and care, initial behavioral development and ethics related to breeding is considered a beekeeper-qualified education.
• Mature bitches above eighteen months of age only qualify to breed. They should also be certified healthy by a vet within ten days before the mating period.
• A bitch will not whelp in consecutive breeding seasons. She will not whelp again for twelve months following the first whelping. That is to say, a bitch will give her puppies at most once a year.
• A female dog will never produce more than four lots of puppies during her lifetime.
• No stud dog shall be mated until he attains 18 months of maturity and is healthy in the opinion of a licensed veterinarian within the preceding ten days prior to mating.

Health Rules for Breeding 

• The dogs will be maintained in a clean, healthy and safe environment. Dogs will get all socialisation, vaccinations and deworming required for their mental and physical well-being. Availability for proper veterinary care. Each pet
• breeder within the premise/establishment shall have in its employ a licensed veterinarian on the premises/establishment if such premise/establishment has more than six (6) breeding dogs. Otherwise, in case the breeding stock is below that number, a licensed veterinarian is supposed to be available on call and entries of the consultations should be documented.
• No licensed breeder may keep more than 10 dogs and puppies at any one time per employee.

Different Conditions for Sale

• A Kennel Club Registration Certificate with all details is going to ensure all breed standards along with full written name of the breed, its standar.
• The breeder must provide the buyer with written information regarding feedings, dates of inoculations and de-worming of the puppy and the name and address of the licensed veterinarian who has examined the puppy.
• All breeders will have to cross-examine prospective buyers to assess their potentials to properly care for the breed especially if it is a large one, involving training, grooming, socialising, veterinary expenses, equipments needs, spatial needs and exercise.
• The breeder shall either consign, donate or sell pups singly or in litter lots to commercial dog wholesalers, franchised commercial facilities or pet shops licensed by AWBI.
• Depending on their age and condition, all puppies sold shall be found healthy and in sound condition, inoculated against the applicable diseases and at least eight weeks old. No puppy or adult dog shall be sold without adequate disease protection irrespective of its age.
• The breeder will keep records of all puppies produced and sold, whether pet or show dogs, to understand how effective the breeding program is. The pup / dog buyer will be under obligation to furnish information as to health issues, physical deformities or death of the animal on yearly basis. (All conditions of sale, as agreed, must be made available in writing between the parties, that is, buyer and breeder).
• Puppies shall not be made available for sale in a public location. 
• A breeder does not breed a litter unless he has pre-screened candidates on a waiting list for the puppies. 
• Dogs shall not be sold until sterilised unless to another established licensed breeding. 
• No dog or puppy shall be sold for experimentation purposes.

Penalties for Dog Breeding and Sale in India

Age of license-not breaking terms and conditions; cancellation of license. Penalisation shall be forfeiture of the license and permanent prohibition from the keeping of such an establishment/premises for the keeping, which requires licensing under this rule. Shut down that establishment. Fine and imprisonment. Under this section, disqualification can also be placed with respect to keeping any such dog of the kind specified in the order.

Any dog which was in custody of the offender when the offence was committed; or has been in custody of him/her at any later time since that time. May require any person having custody of the dog to deliver it up to the said person: and also require such offender to pay said specified amounts to such specified persons hereunder for the sustenance of the dog for the period it is in custody hereunder until such time as permanent arrangements are made for its care or disposal.

Frequently Asked Questions on Dog Breeding and Sale in India

Q1. Is it legal to sell puppies in India?

Ans1. Although it is not against the law to sell dogs online in India, there are rules in place to protect the welfare of the animals. Sellers must follow rules to prevent endorsing puppy mills or unethical breeding methods.

Q2. Is it allowed to breed dogs in India?

Ans2. In compliance with these regulations, dog owners who keep dogs for breeding must apply for a (yearly) license from the Animal Welfare Board of India (AWBI) and the Local Civic Authority.

Q3. What is the dog breeding policy?

Ans3. “Karyotyping must be completed prior to the dog being used for breeding.” Throughout her life, no female dog may be coerced into giving birth to more than five litters of puppies. It has established guidelines for vaccination, exercise and feeding.

Q4. क्या भारत में पिल्लों को बेचना कानूनी है?

Ans4. भारत में कुत्तों को ऑनलाइन बेचना गैरकानूनी नहीं है, लेकिन पशु कल्याण सुनिश्चित करने के लिए यह नियमों के अधीन है। विक्रेताओं को पिल्ला मिलों या अनैतिक प्रजनन प्रथाओं को बढ़ावा देने से बचने के लिए दिशानिर्देशों का पालन करना चाहिए।

Q5. What are India’s dog laws?

Ans5. Any animal worth 10 rupees or more, including stray animals, can be maimed or killed in violation of Sections 428 and 429 of the Indian Penal Code. Additionally, it makes it unlawful for vehicles to intentionally harm or kill cows, cats and dogs while they are on the road.

Q6. What is the importance of obtaining a legal opinion in property transactions?

Ans6. Obtaining a legal opinion ensures that the property you intend to buy or sell is free from legal disputes and encumbrances and has a clear title. It helps avoid potential legal issues and financial losses in the future.

Q7. How does a legal opinion assist in verifying property ownership?

Ans7. A legal opinion thoroughly examines property documents, title deeds and other records to confirm ownership details, ensuring that the seller has the legal right to sell the property.

Q8. What are the key documents needed for a property legal opinion?

Ans8. Key documents typically include the sale deed, title deed, encumbrance certificate, property tax receipts and approved building plans. Additional documents may be required based on the property type and jurisdiction.

Q9. How long does it take to obtain a legal opinion for a property?

Ans9. The timeline can vary depending on the complexity of the property records and the efficiency of the legal consultant, but it generally takes 3-7 business days.

Q10. Can I get a legal opinion online for property matters?

Ans10. Yes, many online legal platforms offer property legal opinion services. You can upload your documents, consult with a legal expert and receive the opinion digitally.

Q11. What are the costs associated with getting a property legal opinion?

Ans11. The cost varies depending on the complexity of the case, the location of the property and the legal professional’s fees. It is best to check with the service provider for a detailed estimate.

Q12. Why is an encumbrance certificate important for a legal opinion?

Ans12. An encumbrance certificate provides information about any financial or legal liabilities on the property. It helps the legal expert ensure that the property is free from encumbrances before giving an opinion.

Q13. Can a legal opinion be used as proof in property disputes?

Ans13. While a legal opinion is not legally binding, it can serve as an expert’s assessment and be used as supporting evidence in property disputes or negotiations.