Regulations for dogs in housing societies!
Every Indian person has the freedom to decide whether to live with or without a pet thanks to Section 51(G) of the Constitution. It also asserts that all living things should be treated with kindness by humans. Those listed in Article 11, inflicting needless pain, suffering, or harm to an animal, fall within the prevention of cruelty to animals. This covers violations including striking, kicking, approaching too closely, speeding, overloading, and abusing an animal.
Is it against the law to ban pets? According to Section 9(k) of the Housing Act of 1960 for the Prevention of Cruelty to Animals, housing associations are not allowed to pass pet laws that forbid pet ownership, even if a majority of the community approves of the ban. The Animal Welfare Council of India (AWBI) principles are clear that RWA and Owner Associations (AOA) cannot pass a law banning pets even if the majority of residents support it.
By trying to prohibit or limit pets, RWA and the AOA are infringing on the basic freedom guaranteed to the nation’s residents, their ability to live with them without Pets. Pet owners are not prohibited from renting homes by businesses. RWA cannot forbid pets from utilizing elevators or parks, as per AWBI regulations.
The Kerala High Court ruled in November 2021 based on the shared environment concept that the federation’s legislation banning dogs from public spaces, such as elevators, is illegal and unconstitutional. This decision is related to the usage of common places in condominiums, such as elevators, etc. To safeguard the interests of residents, RWAs can apply the proper limits by drafting regulations. The court stated that in 2015, the Animal Welfare Board published guidelines on the subject that might be used to describe circumstances regarded Enforcing dogs indoors, “said Sanjay Sen, a senior attorney with the Indian Supreme Court. RWA and AOA cannot enforce rules, penalties, or restrictions, whether they are state or central regulations.
Even housing associations are unable to use canine barking as a legitimate justification for a proposed ban or limitation. The AWBI notice also makes it clear that India does not have a pet prohibition since barking is regarded as a natural form of expression for dogs. Pet owners should take care to prevent the barking from disturbing neighbors, especially late at night.
RWAs cannot impose restrictions on “large” dogs while allowing “small” dogs. You also cannot restrict the permitted dog breeds (e.g. large dog breeds such as Great Danes, St. Bernards, etc.). Inspiring someone to breach the law by frightening them into giving up their pet is illegal.
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