In contemporary urban living, the growing trend of adopting pets has become a common thread in the fabric of housing societies. This blog aims to explore the rights and responsibilities of pet owners, the legal landscape governing pet rules in housing societies, and recent developments in the field.
Many housing societies have established specific rules regarding pets to maintain harmony among residents. However, conflicts may arise between pet owners and those opposed to having animals in the community. The Supreme Court of India has, through various judgments, emphasized the right of animals to live in a healthy and clean environment.
The Constitution of India, under Article 21 and Article 51 A (g), guarantees the right to live in a healthy atmosphere and protection against unnecessary pain for animals. The Animal Welfare Board of India has provided guidelines, although not mandatory, emphasizing the well-being of both pets and stray animals.
Recent court decisions reflect a balance between the rights of pet owners and the concerns of housing societies. The Uttarakhand High Court, for instance, declared animals to be juristic persons, acknowledging their legal status. Additionally, the Prevention of Cruelty to Animals Act recognizes the right to dignity and fair treatment for animals.
Consumer courts have played a role in safeguarding the rights of pet owners. In a notable case in Thane, a resident challenged a society's resolution preventing dogs from using the lifts, asserting his consumer rights. The court ruled in favor of the complainant, highlighting the responsibility of societies to fairly treat pet owners.
While legal protections exist, pet owners must fulfill certain responsibilities. Mandatory vaccinations, waste disposal, and leash usage in common areas are crucial safeguards. Some cities, like Mumbai, even require pet owners to obtain licenses for their pets.
The Bangalore Apartments Federation recommends straightforward rules in apartment bylaws regarding pet ownership. These guidelines include keeping pets on leashes in shared spaces, immediate cleanup of any accidental mess, adherence to vaccination schedules, and compliance with local regulations.
21: No person shall be deprived of his life or personal liberty except according to procedure established by law.
51A. It shall be the duty of every citizen of India – “(g) to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.”
428: Mischief by killing or maiming animal of the value of ten rupees. Whoever commits mischief by killing, poisoning, maiming or rendering useless. +any animal or animals of the value of ten rupees or upwards shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
429: Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees. Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
No sterilised dogs can be relocated from their area. If a dog is not sterilised, the housing society can ask an animal welfare organization to sterilise and vaccinate it, but they cannot relocate them.
The advice is being given in accordance with “Section 9(k) Prevention of Cruelty to Animals Act, 1960,” which makes it illegal for housing societies to establish pet bye rules that forbid pets, even with the support of a majority of the society’s residents. Every citizen has a responsibility to have compassion for animals and all other living things, according to article 51 A (g).
A housing society cannot prohibit dogs or pets based on the breed or size of the animal. Even dog barking concerns cannot be used as justification for a pet prohibition.
Use of common areas: A housing society cannot prohibit a pet from using common areas, such as elevators and parks, or charge a fine or additional fee for doing so.
Dog harassment rules cannot be made by society. The “Prevention of Cruelty to Animals Act” makes it illegal to treat stray animals cruelly. Additionally, it is a crime that is sanctioned by Sections 428 and 429 of the Indian Penal Code.
No resident may be prohibited from feeding stray dogs or cats in the neighborhood.
The “Prevention of Cruelty to Animals Act” prohibits the training or use of some animals, including bears, monkeys, and parakeets, for entertainment purposes. The majority of rodents and reptiles are likewise forbidden by this law.
Prevention of Cruelty to Animals Act
Section 3. Duties of persons having charge of animals: It shall be the duty of every person having the care or charge of any animal to take all reasonable measures to ensure the well-being of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering.”
Section 11. Treating animals cruelly:
(1) If any person
(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes or, being the owner permits, any animals to be so treated; or
(b) 13 [employs in any work or labour or for any purpose any animal which, by reason of its age or any disease], infirmity, wound, sore or other cause, is unfit to be so employed or, being the owner, permits any such unfit animal to be so employed; or
(c) wilfully and unreasonably administers any injurious drug or injurious substance to 14 [any animal] or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by 14 [any animal]; or
(d) conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering; or
(e) keeps or confines any animal in any cage or other receptacle which does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement; or
g) being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement; or
(h) being the owner of 15 [any animal], fails to provide such animal with sufficient food, drink or shelter; or
(i) without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst; or
(j) wilfully permits any animal, of which he is the owner to go at large in any street while the animal is affected with contagious or infectious disease or, without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street; or
(k) offers for sale or, without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment; or
16 [(l) mutilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections in the heart or in any other unnecessarily cruel manner; or;] 17 [m) solely with a view to providing entertainment
(i) confines or causes to be confined any animal (including the tying of an animal as a bait in a tiger or other sanctuary) so as to make it an object of prey for any other animal; or
(ii) incites any animal to fight or bait any other animal; or]
(n) 18 [] organises, keeps, uses or acts in the management of, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes; or
(o) promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting; he shall be punishable, 19 [in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees, and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both.
(2) For the purposes of subsection (1), an owner shall be deemed to have committed an offence if he has failed to exercise reasonable care and supervision with a view to the prevention of such offence: Provided that where an owner is convicted of permitting cruelty by reason only of having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine.”
In conclusion, the legal landscape surrounding pets in housing societies is evolving to strike a balance between the rights of pet owners and the concerns of other residents. Understanding and respecting these rules ensures a harmonious coexistence, reflecting the evolving dynamics of modern urban living.
By staying informed about legal developments and responsibly addressing pet-related concerns, both pet owners and housing societies contribute to fostering a community that embraces the well-being of all its members, human and animal alike.
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