- As per law, A society has no legal authority, to issue moral, ethical and social diktats to its residents.
- No, male/female servants/domestic help/guest can be stopped from entering into the society, if the society is doing this, then the person harassed, they can claim compensation as well.
- Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.
- On 5th May,2020, the Ministry of Home Affairs passed its detailed guidelines and thereby allowed several persons to begin their work like domestic help, including maids and drivers, can return to work, and hence the society not empowered and their orders not enforceable.
- Except , barring containment zones where any public movement except for emergencies is strictly prohibited, services of self-employed people providing services such as domestic help, car cleaning, sanitation, electrical work, plumbing, carpentry , visitors etc. are permitted.
- Further, even during the lockdown period the cities such as Delhi, Mumbai, Kolkata, Karnataka, Hyderabad and the like, which were all in Red Zones, domestic help and car cleaners were allowed.
- Further, the resident/member who is aggrieved by the arbitrary and unreasonable actions of a Society can file a Suit under Section 6 of the Societies Registration Act, 1960.
- Hence, the unjustified actions of society to restrict entry of the visitor and sent them for quarantine is against the jurisdiction of the society.
- The visitor or the members can file a complaint against the society before the police as well.