• How to stop pet dog in children play area

In our society in Mumbai, pet dogs owner take their dog in children play area is their any Law to prohibit Pet dogs to come in children play area and other legal binding to to dog owners to follow.
Asked 4 years ago in Constitutional Law

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25 Answers

1) Resolution should be passed by society in AGM or MC that  pet dogs would not be allowed in children play area 

 

2) in case any member brings pet dog in children play area fine of x amount would be imposed on member 

 

3)

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.

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

There is no such law 

 

society can pass resolution in AGM 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

Society should issue circular based on resolution passed in AGM laying down rules that pet foods would not be allowed in children play area 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

There is no prohibition to dog breeding in society but owner is responsible for any harm and maintain hygiene in the locality. 

Society has wide powers to prohibit dog access in gathering place. As per guideline of Animal Welfare Board of India banning pets from having access to garden is short sighted but It is better to fix dedicated timeline allowing access to garden/parks for pets. If play area is not garden than ban can impose.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Hello,

No specific laws are there unless the association itself make something like that.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

1. There is no law which even prohibit even stray dogs in roaming around in public area. So there is no question of restrictions of such movement in private area as well.

2. We have already monopolised the mother earth and consider it to be our won depriving the habitat of other creatures which have equal rights like us to raom around on this surface as well.

3. So make mends with the pet dogs and find them to be as  beautiful as your near and dear ones.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

Hi there is no law which prohibits pet dog to come to children play area. Pet dogs cant be stopped to go anywhere as per the Animal Welfare Board of India. The circular provides the dos and don'ts by the societies, children area for dog owners. But there is no law which prohibits dogs to come to any area. 

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

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

That being said, living in a community does come with its responsibilities and by following the appropriate etiquette and being considerate of others, pet owners can live harmoniously with those who don’t.

 

  • Take responsibility for your pet
  • Be considerate and keep pets on leash
  • Make sure your pet gets adequate exercise and is fed properly
  • Make sure that vaccinations are up to date
  • Train your pet. Ensure that the pet does not cause an inconvenience as in incessant barking, messing up common areas or being aggressive
  • Clean up after them
  • Take precautions about not allowing pets to roam free in common areas both for the pet’s safety as well as apartment residents and visitors

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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.

Pets cannot be banned from parks.

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
84934 Answers
2197 Consultations

5.0 on 5.0

 there are the non-pet-owners who constantly complain and disapprove of activities related to pets, and on the other, there are the pet owners who strive to ensure that their rights are intact. While most apartment buildings manage a balance with the management committee having a proper set of byelaws in place, there are those for whom it is the Holy Grail.

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.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Dear Sir,

Dos and don’ts for housing societies for pets and stray dogs

When it comes to dogs, cats and other animals in residential areas, opinion is often sharply divided, between animal lovers and those who consider them a nuisance. We look at what the law says and what residents can do, to control stray dogs in their colonies

 

The issue of stray dogs in residential areas, often evokes mixed reactions from people. While pet lovers tend to show affection towards these animals by providing them food and sometimes shelter, others are wary about health issues such as rabies and the possibility of dog bites. Sudipto Chatterjee, a business director at Mediacom, says “In our society in Dwarka Sector 6 in New Delhi, stray dogs are a common sight. While it does not bother me, there are many people in our society who do not like the animals’ presence, especially since children play inside the premises. Moreover, these dogs also create noise during the wee hours. Some people have also raised this matter during the residents’ welfare association’s (RWA’s) meetings. On the other hand, we also have residents who love feeding the dogs and taking care of them.”

r Piyush Patel, program manager, dog population management, Humane Society International (HSI) India, says that a typical housing colony in India has three types of residents – dog lovers, dog haters and people who do not care. “There will always be conflicts between the first two types of people. The actual problem lies in one’s ability to understand the canine’s behaviour. If people do not understand dog’s behavior and their herd dynamics, then, no matter how friendly the dogs are, they will always find fault with the animals. In contrast, a person who understands and can differentiate between playful behavior and aggressive behavior, will be easy to convince,” he explains.  

The law regarding pets in housing colonies

So, the moot question is whether there can be a lasting solution to the conflict between dog lovers and dog haters in a residential complex.

Vasudha Mehta, co-founder and trustee at JAAGRUTI, urges residents to read the February 2015 circular regarding pet and street dogs issued by the AWBI (Animal Welfare Board of India), Ministry of Environment, Forests and Climate Change, Government of India. “According to it, RWAs cannot ask for the removal or dislocation of street dogs and neither can they levy fines on the owners of pet dogs. They can only request for their sterilization and vaccination, so that their population growth is curbed, as per the Animal Birth Control Rules 2001, drafted under the Prevention of Cruelty to Animals Act of India. Societies can also distribute awareness literature to promote compassion towards animals and to sensitive people and promote harmonious coexistence of man and animals. We need a kind and compassionate society. There is already enough cruelty and hatred around. Kindness towards animals, will make a better world for all,” maintains Mehta.

See also: How to make your home pet-friendly  

Ways to deal with dog menace in societies

Patel explains the standard HSI procedures to deal with human-dog conflicts: “1. Dog population survey (Quantitative) – A scientific method is used, to estimate the total dog population of a particular campus. The data collected will include number of male and female dogs, pups, lactating females, skin condition, body condition, etc. 2. KAP (Knowledge, aptitude and practice survey) – A certain number of residents will be interviewed at their doorsteps. The questions will pertain to understanding about dogs’ behavior, population of pets, occurrence of dog bites, pet ownership, perceptions/ mind-set about street dogs, etc. 3. Other surveys – This will include checking the outer boundary of the residential colony to gauge entry points for the dogs and estimating the numbers of dogs trespassing from outside. 4. Planning – After collecting this data, the priorities will be set, by focusing on the following:

  • What are the actual concerns?
  • Is sterilisation a solution? Even if all dogs are sterilised, nuisance complaints may persist, as a dogs’ life is around 7-8 years.
  • Trespass of dogs – If the campus does not have closed boundaries, the sterilised dogs inside will be replaced by unsterilized dogs from outside, over time.
  • Will creating a feeding area work? – A proper feeding zone should be created and residents should only be allowed to feed the dogs at this particular area at the designated time. This will restrict the dogs’ movements and prevent the dogs from entering the houses in search of food.
  • Education – If the community can be easily convinced, then, a proper education program should be implemented.”

With the law clearly stating that there is no way of getting rid of the dogs, as it would fundamentally amount to a crime, hence, the need of the hour is to build effective awareness. Patel adds that even the sterilisation of all the dogs in an area, cannot completely solve stray dog menace. “We can reduce the density or birth rate but it can only be sustained, with regular interventions and efforts by residents,” Patel elaborates. A majority of dog bites, are caused by the pet dog population in a complex, he points out. “So, all residential colonies must have basic rules for pet keeping, including keeping the pets on a leash, compulsory vaccination and sterilisation of pet dogs, proper garbage disposal, etc.,” he concludes.  

Tips for pet parents

It is your responsibility to keep your pets in check so that it doesn’t disturb the peace of other residents in the neighborhood. Having said that, it is also important to know that you have the right to own a pet and there are ways to ensure that your freedom is not affected. 

  • Do feel free to approach the  Animal Welfare Board of India in case the pet or any other animal is under threat. 
  • The Registrar of Societies (RoS) can take action against or even dissolve an RWA for its unwarranted approach towards a pet-owning family. 
  • You can also file a complaint with the nearest local police station under Section 428, 429 IPC (Indian Penal Code) if the RWA is not cooperative.
  • The District Consumer Disputes Redressal Forum is another platform where you can raise your concern.  Action can be initiated against RWA members under Section 2 (1)(g) of the Consumers Protection Act.

The Wildlife (Protection) Act, 1972, and the Environment (Protection) Act, 1986 considers it a duty of the citizens of this country to safeguard the animals and environment alike. RWA resolutions that may harm animals violate Section 11 (3) of Prevention of Cruelty to Animal Act, 1960 as also against Article 51 A (g) of the Constitution which provides for protection and improvement of the natural environment. 

 


Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. Yes society can ban entry of pet dogs in children play area by making bye law regarding entry of dogs in play area. 

2. But Bye laws cannot be used to make pet owners give up their pets.

3. There is no law for ban of pet dogs in children play area but society can make bye law for implementing this rule. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. See housing society can pass resolution and can ask pet owners to take pets to different designated area. 

2. The society can pass such resolution though they cannot prohibit pets. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Society  can form rules on same and can pass a resolution for same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

There is no law / enactment which prohibits rearing of pet animals.

Unanimously pass  resolution in AGM stating that, if any occupant of the flat brings dog / pet to the playing area of children let there be  imposition of fine.

No law allows restraining a person to have pet.

In the interest of health and wellbeing  of the children more particularly to maintain hygiene of the park and health of children a unanimous resolution be  passed to restrict entry of pet dogs into the play area of children.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

- As per the Animal Welfare Board of India , Housing societies have no right to form laws regarding pets , and they cannot even ask pet-owners to keep their animals on a leash or impose special charges on them.

- Further, under section 11 (3) of Prevention of Cruelty to Animal Act, 1960,it is also against article 51 A (g) of the Indian Constitution wherein,

- But as per law,

1. The  dog owner must make sure that their pet is not causing any nuisance in the neighborhood.

2. The residents keeping domestic animals or other pets shall abide by the Municipal Sanitary Bye-Laws or Regulations.

3. The dog owner should ensure that certain strict rules and regulations are followed so that no one is inconvenienced or affected

4. 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.

5. Further It is essential to train the dogs so that they don’t get provoked on seeing neighbors and workers.

6. Ensure that the pet does not become a nuisance to others

7. It needs to be toilet trained and taught some amount of discipline and the dog owner should ensure that the  pet does not cause inconvenience for others.

- Hence, if the Pet dog owners not fulfill the above conditions and rules , then the society can restrict to having  pet dogs in the premises of society, specially in the play area. 

- You should give a complaint before the management of the society , on the above said norms & grounds, that the pet owners are not complied the necessary conditions for having a pet dog , and thereby they should restrained for having the same.

- Further, if no positive response from the society , then you can also complaint with the police as well. 

- Even, no response , then you can approach the court for directing to the society. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

You can't prohibit them as there are no rules for discrimination. 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

1. Which area has been designated as "children play area"? If this area has been designated in a park then pet dogs can be restricted in that particular area only when the children play there, and not the whole of park. The rules framed by Animal Welfare Board of India are worded negatively against restricting entry of pet dogs in parks. The only caution is that they must be leashed and should be under the supervision and control of their owner at all times. 

2. The entire park cannot be designated as children play area. The circular issued by Animal Welfare Board of India clearly mandates that RWAs shall not restrict the entry of pet dogs in parks and all notice boards mentioning 'Pet dogs are not allowed" shall be removed forthwith. There has to be a harmonious co-existence.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

There cannot be any discrimination on size of pets allowed in the housing society. ... 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.

 

Here’s a list of the by-laws and rules with respect to pet dogs and pet owning residents in a Resident Welfare Associations or residential complex:

 

  • 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 favour of such a ban.
  • There cannot be any discrimination on the 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 by-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.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

First of all given an intimation of your apprehension in writing to the CHS body/members, Thereafter you can seek action against the errant Flat holder/resident to whom the dog belongs. If the Soceity members or the office bearers are reluctant to take action u can file a Civil as well as criminal suit/complaint against the dog owner. Moreover I would like to share that it is mandatory to obtain permission from Municipal Corporation for Pet dogs and other animals and see to it whether it is complied with. Failure to which gives u another cause of action to proceed against the dog owner.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Society can pass resolution not be allowed in children play area.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Thwre must be certain pet rules in your society. Ask the secretary and other office bearers to enforce them.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes. Ask the secretary to put a notice in the play area.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dangerous animals are prohibited in public places as per the code of criminal procedure. Ask the secretary to take action or write an application to the SDM of the area to take action immediately.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

No matter whatsoever you can called me, but I have pasted true facts of defend party how they can be treat against you that is true law you must know it, All others will tell you how you can remove pets dogs from society because for their braking, beating etc.... 

 

You need to know the Pets Law as a well.

 

THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

 

What section says.

 

Sec 2 (f) “owner”, used with reference to an animal, includes not only the owner but also any other
person for the time being in possession or custody of the animal, whether with or without the
consent of the owner; 

 

CHAPTER II
2
[ANIMAL WELFARE BOARD OF INDIA]
4. Establishment of Animals Welfare Board of India.―(1) For the promotion of animal
welfare generally and for the purpose of protecting animals from being subjected to unnecessary
pain or suffering, in particular, there shall be established by the Central Government, as soon as may
be after the commencement of this Act, a Board to be called the 3
[Animal Welfare Board of India].
(2) The Board shall be a body corporate having perpetual succession and a common seal with
power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by its
name sue and be sued.
5. Constitution of the Board.―

 

 

Now if you have any problem with those pet dogs then kindly go an complaint in the Constitution Board as per SEction 4 and 5.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

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