by THO
The rising number of pet-related disputes in recent times has highlighted the growing challenges for housing societies in balancing the rights of pet parents and other residents in a society.
Of late several state government bodies have issued guidelines and implemented new laws to promote a harmonious coexistence between pet parents and housing societies.
The Bruhat Bengaluru Mahanagara Palike recently issued guidelines directing resident welfare associations and apartment owners to ensure their bylaws do not harm domestic animals and enforce existing animal welfare laws.
In Gujarat, a circular issued by the Registrar of Cooperative Societies (RCS) stresses that the feeding schedule of stray animals should also consider the playtime of children and elderly residents in the society.
If you are a pet lover, here’s a list of things you should know if you’re planning to move into a housing society.
Law of the land
The Constitution of India grants every citizen of India the right to choose to live with or without a companion animal via Article 51 (G). It also encourages compassion towards all living creatures.
Under the Prevention of Cruelty to Animal Act, 1960, the offences outlined under Section 11 (1) (a) include causing unnecessary pain, suffering or injury to an animal. It includes acts like beating, kicking, overriding, overdriving, overloading and torturing the animal as an offence, say legal experts.
Can a housing society ban pets?
Under Section 9(k) of the Prevention of Cruelty to Animals Act, 1960, it is illegal for housing societies to pass bye-laws that debar pets, even if a majority of residents of the society vote in favour of it, they said.
The Animal Welfare Board of India (AWBI) guidelines emphasise that even if a majority of residents want it, RWAs and apartment owners associations (AOAs) cannot legally introduce a ban on keeping pet dogs.
Societies cannot prevent pet owners from renting houses either. Additionally, as per AWBI guidelines, pets cannot be debarred by RWAs from using lifts or parks, they said.
Guidelines in Noida
The pet policy of the Noida Authority makes it compulsory for pet owners to register their pets. It also mandates sterilisation and anti-rabies vaccination of pet dogs.
According to the pet policy, if a pet injures a person, the pet owner will have to pay a fine and bear the expenses for the treatment of the injured. Furthermore, if a pet dog litters in a public place, then it will be the responsibility of the animal owner to clean it.
Is dog barking a valid reason for restrictions?
Housing societies cannot cite dog barking as a valid or compelling reason for any proposed ban or restrictions. The AWBI’s notification also makes it clear that barking is recognised as a natural form of expression for dogs and cannot be used as a reason to ban pets in India. However, pet owners should ensure that barking does not cause a nuisance to neighbours, especially at night.
BBMP guidelines in Bengaluru
The Bruhat Bengaluru Mahanagara Palike (BBMP) recently issued new guidelines for pet-feeding communities in Bengaluru and stressed that residential welfare associations will be strictly monitored on their attitude towards pet animals. Pets must also be allowed into common areas and lifts with a leash but not a muzzle.
The guidelines prohibit feeding between 11:30 pm and 5:00 am, and discourages raw meat and sugary biscuits as they can make dogs hyperactive.
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Pet owners on the other hand are encouraged to keep their pets clean, groomed, de-wormed, vaccinated, and neutered.
The civic body also plans to place roughly one-inch microchips on free roaming stray dogs in the city to avoid revaccinating the same canines multiple times in a year.
Guidelines in Gujarat
A circular issued recently by the Registrar of Cooperative Societies (RCS) – Gujarat, states that societies must adhere to standard operating procedures for sterilisation, caretaking and feeding stray animals to create a healthy ecosystem. Establishing designated feeding spots for community animals, considering their population, age groups and nature, must be done with agreement from all stakeholders.
The feeding schedule should also consider the playtime of children and elderly residents in the society, it said.
