Stray dogs in gated societies
Dogs are the most common breed of animal in India. However, a few instances of attacks involving stray pups and cats have sparked outrage. The most recent incident, which shocked the community, was the death of a seven-month-old baby who was attacked by a stray dog inside the Lotus Boulevard neighborhood of Noida.
It is essential to recognize that the epidemic has significantly impacted the network of stray puppies due to ongoing lockdowns around the nation before the laws governing them can be revised. The Delhi High Court (HC) highlighted the need to establish “shield and canine alliances” with the Police in June 2021 in order to train stray puppies to protect the housing society and stop harming its residents.
The HC also established guidelines for residents, Resident Welfare Associations (RWA), and municipal organizations on feeding the stray puppies. The court ruled that because there are no network dog feeders in the region, stray puppies must have access to food and water. Additionally, it was stated that the Animal Welfare Board of India (AWBI), RWAs, or the municipal body needed to collaborate closely in order to establish designated feeding areas where humans would only sometimes congregate. Given that pups are territorial by nature; this may give them a sense of security.
Additionally, the Prevention of Cruelty to Animals Act of 1960, notably Section 38 of the Act, covers stray puppies. The Animal Birth Control (Dogs) Rules, 2001 also state that puppies cannot be moved or exterminated from their home territory. Additionally, in 2006, the Central Government distributed an office memo warning employees of the government against abusing stray puppies. The Delhi High Court’s judgment was temporarily suspended by the Supreme Court in March 2022, partly because stray puppies may be fed in housing societies. However, the ban was overturned in May 2022, with the understanding that all citizens are allowed to provide food and water for stray puppies.
Residents may choose to stay with or without an animal friend in accordance with Article 51(G) of the Indian Constitution. Pets cannot, therefore, be restrained in residential areas. The Prevention of Cruelty to Animals Act of 1960 forbade societies from enforcing rules that prevent their citizens from keeping their pets. Section 9(K) of the Act states thus. RWAs cannot break the Act, even with the assistance of citizens. An extension of the aforementioned guiding principle stated by the AWBI is that RWAs and Apartment Owners Associations (AOA) cannot prohibit or limit the number of pets a resident has or may have in addition.
Citizens frequently feel the need to restrict pets’ movement inside common areas of a housing society, such as parks and elevators, citing safety concerns; however, this may be declared unconstitutional. RWAs are only permitted to offer suggestions on how to protect the populace from any potential animal attack. The AWBI further specifies that RWAs and AOAs are not permitted to impose restrictions on pet size, muzzle use, or indoor outdoor feeding. Additionally, they are not allowed to demand the dog’s surrender due to excessive barking or restrict tenants’ access to resources due to pets.
However, if a dog bites a member of the community, the victim may file a complaint under Sections 287 and 337 of the Indian Penal Code (IPC). Additionally, the protagonist must demonstrate that the dog owner became careless and the dog attacked without provocation. If found guilty, the owner of the dog would have to make significant restitution or risk up to six months in jail.
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