Rights of pet owners in gated societies

It's not always simple to have a pet, especially while shopping for a home. It might be difficult to find a place where a pet, especially a dog, can reside without anyone raising an eyebrow.

Dogs are frequently perceived as a threat, and dog owners frequently experience open prejudice, harassment, and unjust treatment from their neighbors as a result of having a dog at home. There have also been cases where dog owners were made to leave their homes or give up their dogs.

Do you, as a pet parent, know what the real law says, despite the fact that several RWAs throughout the years have added provisions for pet owners in their bye-laws? It is crucial to realize that if you own a pet and live in a housing society, you are subject to certain pet ownership restrictions.

The government has established a list of new rules guiding the housing society, pet owners, and those who feed strays to secure the protection of pets and stray animals in order to promote a happy coexistence between pet owners and other members of society. Additionally, it was stated that RWA and AOA could not forbid all pet ownership.

Guidelines from the Animal Welfare Board of India:

The Animal Welfare Board of India's recommendations state:

Pet owners:

·        Because pet owners view their animals as members of the family, they should get the same care throughout their lives.

·        Owners of pets must make sure that their animals don't bother other people. However, no amount of pressure should cause a companion animal to be abandoned.

·        Dogs' natural way of communicating is by barking, which must be accepted in public. However, continual barking might annoy neighbours, so pet owners should make an effort to keep their animals quiet, especially at night.

·        Pet owners are responsible for keeping their animals clean, healthy, and up to date on vaccinations.

·        The owners, caregivers, and dog owners are recommended to pick up pet faeces or take part in other measures for keeping cleanliness when walking the dog in public areas.

·        Owners of pets should take an effort to explore disposal options with local RWAs. Pet waste can be collected, dumped, and composted using sawdust at designated pet corners, for instance, or in other areas of the complex.

·        To promote the safety and comfort of other residents and visitors, it is advised to leash pets in the complex's public areas. Additionally, it protects the animal from being run over or injured by a car.

·        RWAs are unable to mandate the use of muzzles.

·        A housing society cannot forbid a pet from enjoying amenities like elevators, parks, or escalators.

·        Pet owners cannot be subjected to any kind of additional fees or levies by RWAs.

·        Pets are not subject to breed or size discrimination.

·        Every resident has a responsibility to look after and feed stray dogs. However, people must take care to avoid feeding stray animals close to their homes.

·        Feeding must be done in a way that leaves no litter behind.

Apartment management committee's function

·        One must abide by Indian legislation governing pet dogs as a responsible member of society and make sure:

·        Not to incite conflict by enacting pet-banning bylaws. Even with unanimous agreement.

·        Avoid passing bylaws that can cause pet owners in a community inconvenience, such as banning the use of elevators.

·        Observe vaccination and sterilisation records.

·        Set aside areas for pets to walk, urinate, etc.

·        Pet owners who are discovered to be breaking the aforementioned laws or bothering other residents may be fined by the management committee.

·        Make others in the neighbourhood aware of the issue and instruct them on how to treat people with pets and pet owners equally and without prejudice. Ensure that they don't arouse a pet.

What pet owners need to do?

Pet owners are equally accountable for caring for their animals and making sure they don't bother other members of the community as much as the management committee is for following the guidelines for pet owners in flats.

·        It is essential to be immunized on schedule and to renew each year.

·        Train your animals to follow commands and behave well when being taken for walks or to play on the grounds of society. Toilet training is also crucial. Cats can have a litter box, but dogs can be trained to respond to nature's call in the bathroom.

·        Always have a scooper with you before entering the building.

·        Maintain cleanliness and hygiene around your pets.

·        When taking your dog on a stroll, keep them always on a leash. A muzzle is not required.

·        Never leave your pets alone or unattended in a complex for society.

·        Give your dog lots of playtimes and exercise to maintain a healthy lifestyle.

The laws are as follows:

·        The Animal Welfare Board of India's 2015 guidelines state that dog owners cannot be forced to muzzle their canines. Certain conveniences, like the elevator, cannot be withheld from them.

·        The Kerala High Court ruled in 2012 that tenants may not keep any pets of their choosing in their individual apartments, and the owner was given a notice to remove the animal from the property.

·        The Kerala High Court ruled in 2012 that tenants may not keep any pets of their choosing in their individual apartments, and the owner was given a notice to remove the animal from the property.

·        Any provisions in a bylaw or agreement that would effectively forbid a person from keeping a pet of their choice in a residential unit they occupy should be regarded as illegal and unenforceable.  If a pet owner does not take enough precautions against the likely threat that their pet poses, they may be subject to imprisonment for up to six months, a fine up to one thousand rupees, or both, according to Section 289 of the Indian Penal Code.

·        Every dog owner must register their canine companion according to section 399 of the Delhi Municipal Corporation Act.

·        Every person of India has the freedom to decide whether to live with or without a pet thanks to the provision for the right to have a pet in Article 51(G) of the Constitution. Additionally, it says that everyone should be compassionate toward all living things.

·        Causing an animal needless pain, suffering, or damage is a violation of Section 11 (1) (a) of the Prevention of Cruelty to Animals Act, 1960. Beating, kicking, driving too fast, overloading, and tormenting the animal are all prohibited.

·        A violation of the Prevention of Cruelty to Animals Act, 1960, includes keeping an animal in a location that restricts its freedom of movement, placing them in an inadequately sized cage, or failing to provide them with the chance to move around at all.

·        According to SECTION 11(1)(i), it is unlawful to leave any animal that would otherwise suffer from thirst or famine.

·        Under Sections 287 and 337 of the IPC, a criminal complaint may be brought if a pet dog attacks or otherwise injures a human. RWAs should not, however, use this as justification for creating unjust regulations.

Owners of pets view them as members of their family, and this sentiment must be respected. However, taking care of a dog in an apartment is never easy. However, renters, pet owners, and management committees can reach a mutual understanding and a peaceful coexistence with adequate training by pet parents and adherence to the laws and requirements to have a dog in an apartment.