• Law on bringing a stray dog at home, giving him shelter and food.

Dear Team

First, thank you for the work you are doing. Your articles have given me much understanding, information and hope. 

I am writing from JP Nagar, Bangalore. The RWA has banned animals and pets. My homeowner, who lives in Mysore has no problem with my keeping a pet. But the people here are adamant at keeping the animals outside. Now, the issue is there is a stray dog, called Raja. I have adopted him. I have been bringing him to my apartment for the last one year, and he spends his time here and leaves when he wants to relieve himself. Now the RWA is banning his entry to my house. I have assured them that I will keep him in leash when bringing him inside and will unleash him outside our gate. But they are not agreeing. They have also gone to the extent and instruct security guards to.not let him inside. The guard told me he has been threatened that his wages will be deducted if he does so. Neighbors from another building have told me that the morning guard also hits him if Raja comes closer or inside the gate Now I believe them. Because in an RWA Meeting today where I was talking about it, one elderly uncle kept on screaming and saying that I cannot oppose what everyone has decided. 

I told them that no one has any right to tell me what and what not to do in my house. I take responsibility of his. In every way. But they kept giving their own reasons. Someone said that Raja has peed on their shoes kept outside. While I don't believe that. But I cannot argue with him if he says he saw it happening. But I have known raja for so long and I have never once seen him act like that ever. Infact he stays at my home and he doesn't even enter any bedroom unless I call him.in. he doesn't even enter kitchen. If I don't call him .. he is a very intelligent dog ....

Now please tell me how can I resolve this. I am a tenant. I can leave this society and go somewhere else. But raja will still be outside. I have shared AWBI circular with them. But they are adamant, disrespectful, and telling me "it is not allowed and you cannot keep or bring a pet inside".

Please help me deal with this. What do I do? He has both his ears clipped. Which leads me to believe that he is vaccinated. But I have offered that if they want I will get him to a doctor and get him vaccinated again for their peace. But they are not getting convinced. 

Look forward to your suggestions. I love animals. I heal them as a healer. My family and I have our own pets, all Indies, back in my hometown... But the way these guys are behaving is so disrespectful and disheartening. What will one dog coming to my house affect them? In what way? I am at a loss here. Please help. 


Thank you. Regards.
Asked 6 years ago in Constitutional Law

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16 Answers

1) society cannot restrain you from keeping dog 

 

2) Rules & By-Laws for pet owners living in society apartments:

Any civic body (Resident Welfare Association – RWA) does not have the right to ban residents from keeping pets in their apartments, not even by getting a majority vote in the society with the help of other tenants or residents.

Any discrimination over size or type of pet breed is not allowed in a housing society.

No ban can be imposed on pet owners due to their dog’s barking habits.

No ban can be imposed on keeping pets in apartments, even after amendment of society bye-laws and regulations.

If a pet owner abide by the municipal laws regarding pets then no society civic body has the right to ban the pets or their owners from the society.

3) you can file complaint against association before consumer forum and seek orders to direct society not to restrain you from keeping pets

 

 


Please also note, animal cruelty is an offence – under Section 11 of the Prevention of Cruelty to Animals Act, and Sections 428 and 429 of the Indian Penal Code –punishable with imprisonment and fine.

5) Intimidation :

Attempts to interfere with, or harass persons who choose to tend to and feed community dogs, maybe tantamount to the very grave offence of criminal intimidation.

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Lodge your protest with them, in writing. Cite the AWBI circular in your protest letter. 

There is no law enacted by Parliament or any State Legislature that ‘bans’ companion animals; and hence their insistence is unsustainable. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can feed stray dogs

 

2) security guards hitting dog amounts to animal cruelty 

 

3) 

Street dog feeding, whether inside or outside community premises and gated complexes:

There is no law that prohibits the feeding of street animals. Citizens who choose to do so are in fact performing a duty cast upon them by the Constitution of India – of showing compassion to all living creatures. Various Courts, including High Courts, have upheld street dog feeding since the same reduces human – animal conflict and suspicion, and facilitates animal birth control (by making dog catching easier).

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Sir complaint before the registrar of the society and further before the Animal welfare board against the society.

You can also prefer a police complaint if they intimidate or threaten you .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Just put a collar on neck and then he can come and go freely and also there won't be any issue.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

A stray dog can be made a pet dog if you want and things would be easier for you. But of ypu don't want that then you have to respect the views of residents. You can convince them at the most.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can keep the dog with somebody else. Outside the flats.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

The following information may kindly be read:

LEGAL & OPERATIONAL FRAMEWORK FOR STRAY DOGS IN APARTMENTS / RWAs


Many large Resident Welfare Associations (RWA) and Managing committees (MC) write to us asking us to take away all the stray dogs from their societies/gated community/ buildings etc. They don’t realize that relocating stray dogs is an illegal act.

VOSD is the world’s largest no-kill rescue and sanctuary, and the largest provider of legal and medical expertise on dogs. And we would like to provide a legal framework for stray dogs so that everyone understand the rights of Stray Dogs and what they can and cannot do when it comes to stray dogs population management and control. Please share this information in  all your groups on social sites like FB, Twitter, etc and Whatsapp groups. We need to spread awareness about the current laws related to Stray Dogs in India to stop the cruelty to stray dogs.

LEGAL FRAMEWORK FOR STRAY DOGS

Let us first look at the hierarchy in ‘law’. Any law by anybody can’t be in violation of a higher constitutional authority. Therefore a Management Committee (MC’s) by-laws can’t be ultra-virus those of the civic authority i.e. BBMP/Any Municipal Corporation, which in turn can’t make laws or rather is not allowed to implement any that is ultra-virus any state laws, which in turn can’t be against Central laws, which in turn can’t be against the Constitution, which in turn can’t be against the basic Fundamental Rights enshrined in the Constitution.

Several matters of displacement of dogs, and feeding of dogs, guardianship on stray dogs, etc have been settled in High Court decisions that we cite below. Most of these derive from the Animal Birth Control Act 2001, revision of 2015. It is important to bring it up since by Indian Law any High Court Decision of any state is an interpretation of the law and is binding on all other states, unless it has been explicitly stayed/ turned by the High Court of that state or the Supreme Court.

For instance the petition of the Govt of Karnataka to allow for stray dogs to be removed, in the Karnataka High Court and the subsequent ambiguous restricted judgment that ‘no stray dogs in Karnataka may be removed unless they are ‘furious’ (without defining furious or how that judgment may be made) has been stayed in the Supreme Court in a collective set of petitions and stays from across the country on what it is collectively known as the ‘Stray Dog Matters’.

Legal Precedence & Orders

Punjab & Haryana High Court: Sonia Rogers vs State of Haryana & Ors. Court settled the matter of individuals being within their rights to take care of stray dogs including ABC and tending to them. Courts said this is not just a right but a civic duty. This can be read here https://strays.in/index.php/2011/08/know-your-and-your-animal-rights-sonia-rogers-petitioner-vs-state-of-haryana-ors-respondents/

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. It is plainly illegal for RWAs to put a ban on keeping pets or even laying down which breed or size can be domesticated. There is a circular issued by Animal Welfare Board of India which declares such practices by RWAs as illegal in unequivocal terms. The circular says that even by a consensus of all members the RWA cannot introduce a ban on pet dogs or determine which breeds and sizes are acceptable. You can file a writ petition in the jurisdictional High Court to declare the prohibition on keeping of pet dogs as unconstitutional.

2. One who adopts an indigenous street dog from the streets or feeds him does the biggest service to the cause of compassion for animals and animal rights.

3. As long as you are bringing the dog on leash and releasing him on leash you are well within your right to do so. The remedy in your hands is to file a writ petition in the High Court to seek police protection against RWA when you bring and release the dog on leash but he should always be leashed during daytime in common areas. In your writ petition you can also seek directions to police to proceed against office bearers of RWA if they violate your right to show compassion to the dog. All of them will be set right once they get dressing down in the High Court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. It is plainly illegal for RWAs to put a ban on keeping pets or even laying down which breed or size can be domesticated. There is a circular issued by Animal Welfare Board of India which declares such practices by RWAs as illegal in unequivocal terms. The circular says that even by a consensus of all members the RWA cannot introduce a ban on pet dogs or determine which breeds and sizes are acceptable. You can file a writ petition in the jurisdictional High Court to declare the prohibition on keeping of pet dogs as unconstitutional.

2. One who adopts an indigenous street dog from the streets or feeds him does the biggest service to the cause of compassion for animals and animal rights.

3. As long as you are bringing the dog on leash and releasing him on leash you are well within your right to do so. The remedy in your hands is to file a writ petition in the High Court to seek police protection against RWA when you bring and release the dog on leash but he should always be leashed during daytime in common areas. In your writ petition you can also seek directions to police to proceed against office bearers of RWA if they violate your right to show compassion to the dog. All of them will be set right once they get dressing down in the High Court.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

This is completely illegal. They can't stop his entry. If they hit and stop entry you can file FIR immediately to police. You can also take help of nearest animal wefare association for the same. You can also file a complaint to consumer court for deficiency of service against them

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Only pets are permitted in residential unit, stray dog after proper vaccination is permitted as a pets but shelter home is changes the use of unit, hence not permissible. Further keeping dog shelter home in residential unit may not be hygienic for inhabitant and may cause noise, bite and dog poop.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

there is nothing illegal about feeding stray dogs and giving shelter. but you need permission from RWA. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file a suit for permanent injunction against society and it's members and also make complaint to animal welfare department for this cruelty by society members. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Pet owners are advised to and must leash their pets in all common areas. ... Residents welfare associations & apartment owners associations cannot however impose fines and special charges of any kind on pet owners, because there is no mandate in law for the same

Hence you better keep the dog in your house itself instead of sending it out after feeding it or after playing with it.

Dogs specifically, are known to be effective stress-relievers besides reducing anxiety and loneliness. A child who cares for a dog grows into a secure and active human being. For the elderly, pets are great companions. 

The Animal Welfare Board of India has a list of byelaws for pets where it mentions that apartment complexes and their management committees have no right to make laws for pets, nor can they mandate that pet owners must keep their pets leashed. They cannot impose penalties in relation to pets.

The Indian Constitution allows and encourages pets in apartments. Section 11(3) speaks about the Prevention of Cruelty to Animals. Article 51 A (g) states that it is every citizen’s duty to show compassion towards animals and the environment.

Some important facts that pet owners must know are:

  • No one has the right to veto owning pets in an apartment complex
  • Pet owners cannot be denied the right to use elevators with their pets
  • Pets cannot be banned from parks.
  • Pet owners cannot be asked to vacate their apartments
  • If there are notices put up forcing people to get rid of their pets, it is illegal. According to Section 11 of the Prevention of Cruelty to Animals Act, 1960, this is a punishable offense
  •  

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You have been suggested to convert this tray dog to pet dog, it will not mind.

It will remain in your house if you are taking care of it always and it may not even think of straying outside once it is confident of being secured in your house.

Stray dogs are not allowed inside the RWA for the obvious reasons, hence don't agitate over the decision of the association on this.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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