By-laws for keeping pets in an apartment

The Animal Welfare Board of India as part of the Ministry of Environments and Forests, Government of India has issued an updated circular clearly listing bylaws on all pet dogs and street dogs in the country. The latest circular comes into immediate effect bypassing the older circular issued by the same agency on February 1, 2014. The circular offers clarity and insight on detailed answers on various recurring questions regarding the various aspects of laws concerning pet and street dogs. CommonFloor presents you the summary of the significant points mentioned in the latest circular are as follows.

Bylaws and Rules with respect to Pet Dogs and Pet Owning Residents in a RWA

General Do’s and Don’ts:

• Any RWA cannot ban residents from keeping pets even by obtaining a consensus.
• The introduction of any sort of a ban on residents keeping a pet cannot be introduced even if majority is in favor of such a ban.
• There cannot be any discrimination on size of pets allowed in the housing society.
• Dog Barking is not a valid reason to impose any pet related ban.
• Any ban on keeping pets cannot be introduced even after amendment of society bye-laws and regulations.
• Banning pets is direct interference with fundamental freedom guaranteed to the citizens as per the constitution.
• Any pets and resident owners of the pets not violating any municipal law are permissible to stay in the society or community.

Use of Lift by Pets:

• Pets cannot be legally disallowed from using lifts as per previous court rulings.
• No changes can be imposed on banning of use of lifts by pets.
• Courts believe that dogs are like family and must have access to lifts in any society or community.
• RWA cannot impose any sort of special charges or fee for pets or their owners for providing lift facilities.

Use of Park by Pets:

• Banning pets from having access to garden is short sighted and pets can show aggression in frustration.
• It is better to fix dedicated timeline allowing access to garden/parks for pets.
• The timings for access to garden or park for pets can be intimidated to the general body of the RWA.

Use of Leashes and/or Muzzles:

• Pet owners can be requested to keep their pets on leash when in common areas.
• Negligent pet owners can be fined if their actions cause any trouble to other residents.

Defection by Pets in Community Premises:

• Since there is no central law requiring cleaning of pet excreta, RWA can request pet owners to clean the same.
• RAW however cannot impose a fines or special charges on pet owners in case of pet excreta in common area or community premises.
• Pet owners must train their pets to use the same area for excreta each day without causing trouble to other residents.

Intimidation: No RAW or member can intimidate a pet owner into giving up or abandoning of his or her pet under any circumstances.

Role of Pet owners for prevention of cruelty to animal

According to the constitution of India, an apartment should not ban the keeping of animals in an apartment and the Section 11 (3) states Prevention of Cruelty to Animal Act, 1960. It is also against article 51 A (g) of the Indian Constitution wherein, it is the duty of every citizen to have compassion towards animals, living creatures and improve the natural environment.

• Owners should avoid their pets being teased by children and others. This angers the animal causing untoward instances for no fault of the animal.
• The dog owner must make sure that their pet is not causing any nuisance in the neighbourhood.
• Residents keeping domestic animals or other pets shall abide by the Municipal Sanitary Bye-Laws or Regulations.
• Ensure that certain strict rules and regulations are followed so that no one is inconvenienced or affected
• Even on walks within the premises or in any other common area, the animal has to be on a leash and accompanied by the owner at all times.
• It makes sense to go through the rules of residential complexes before renting a flat.
• In an apartment block, you have scores of people walking in and out, from maids to milkman to children. It is essential to train the dogs so that they don’t get provoked on seeing neighbours and workers.
• Ensure that your pet does not become a nuisance to others
• It needs to be toilet trained and taught some amount of discipline.
• Ensure that your pet does not cause inconvenience for others.
• Ensure that your pet does not fight with others pets.

By Laws With Respect to Street Dogs:

• Beating and driving away street dogs is not allowed.
• Capturing street dogs for birth control or other medication related measures is allowed but they must be released back into the same locality.
• There is now law barring any Indian resident to feed stray dogs. Feeding is equated as a compassionate feeling and is highly supported by the higher courts.
• Beating street dogs comes under the animal cruelty at as is a punishable offence under Section 428 and 429 of the Indian penal code.
• Hostility or aggressive behavior that may lead pets to embrace an aggressive behavior is not allowed