Association can not impose restrictions as to when you should take the pets out of the flat for walks in the common areas of the society
We live in a society which has a welfare association. There is a proposal by the RWA to implement restrictions on pet timings - as in when pets shall not be allowed out of the home. Pls. note that this query is not about restriction to parks (as that is under another category) - it is about restriction to walk pets in common areas / roads inside the layout. Is this legally allowed?
Association can not impose restrictions as to when you should take the pets out of the flat for walks in the common areas of the society
No it is not legally allowed without proper equipment and procedures mandated under the law.
Pets needs to be under control of person who takes them out on the road for routine walk and mouth of pets must be masked while out on the road.
Hello!
RWAs these days have assumed the role of local parliaments and started making unreasonable code of conduct.
If we go strictly by law then Imposing such restrictions are not allowed.
Ban on the movement of the pets can't be enacted by any housing society, AWB has directed that movement is not restricted but can be enacted taking into consideration welfare of the pets.
- As per Animal Welfare Board of India , Housing societies have no right to form laws regarding pets; they cannot even ask pet-owners to keep their animals on a leash or impose special charges on them.
- As per rule , the Association shall frame rules, regulations and procedures for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas which will interfere with the peaceful occupation of units by respective Owners / Residents conducive to day to day living environment.
- Further , the common areas are for all, and hence the rule should be for all the members , there is not strict laws against this and in favour of this , and further all the laws & rules should be for the welfare of the society members.
Dear Sir/Madam,
It is suggested that such laws or rules can be made for the general welfare of the people.
Pets have IRA own rights to roam around and as long as no nuisance is created like continuous barking, show of regular aggression, biting etc no restrictions on its movement can be imposed.
Therefore you are free to take the pet out of your at your own choice.
Any curb proposed to be taken can be challenged in court.
The Animal Welfare Board of India has a list of bylaws 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.
As far as apartment associations are concerned, the management committee can certainly come up with guidelines that help pet owners live peacefully with their pets. Some points may include:
They cannot restrict a person's pets unless it roams freely and is a danger to other residents.
A resident may roam and walk with pets anytime of the day when he is free. His pet shouldn't create any nuisance.
Therefore this move is totally illegal and should be challenged.
1. No RWA cannot make any such bye law to put restrictions on residents for taking their pets to common area.
2. It is not legal.
Dear Sir,
10 Laws And Rules Pet Owners Must Know To Protect Themselves From Harassment
Beating and driving away street dogs is not allowed. Capturing street dogs for birth control or other medication related measures is allowed but they must be released back into the same locality. There is now law barring any Indian resident to feed stray dogs.
Adopting a pet is an act which has seen a tremendous shift in acceptance over time. While earlier pets were considered a luxury which only a few people could afford to have, now adopting pets have become much easier and well accepted a practice. Pets have become companions to many, helping them in many ways while at the same time helping them form an intense emotional bond between a human and their pet. With an estimate of almost 10 million pets and almost 60,000 new pets being adopted every year, India surpasses most countries in terms of enthusiasm for pets.
The Indian Constitution has long advocated coexistence between all creatures under Article 51(g), which gives every citizen the right to decide how they choose to live, which includes the choice to live with or without a companion animal. Despite it being considered a fundamental right, most pet owners are subjected to harassment due to their choice of keeping a pet, especially in residential apartments. Associations like Pupcakes and Compassion Unlimited Plus Action (CUPA), which help people adopt dogs from shelters, have received accounts of several such cases.
For example, a family living in a residential apartment in Navi Mumbai was restrained from bringing their pet into the building lift and another family in Delhi returned to their apartment only to find a notice stuck on their door asking them to either give up their pet or evacuate the apartment.
Residents with pets are often given notices from the apartment authorities demanding they abandon their pets as it is inconvenient for other tenants. Many tenants having no knowledge about the laws and bylaws of animal welfare, often give in to these erroneous demands.
Some of the rules set by the Animal Welfare Board of India in their recent circular are:
There are many who care for the stray dogs or cats in their neighbourhood, feeding them and offering them warmer clothes for winters. These are some rules that you should remember:
Another important point to remember is the list of animals which are allowed to be kept as pets. In addition to dogs, cat and cattle, most animals which are domestically found can be kept as pets. This includes horses, ponies, pigs, red-eared sliders, fish reared in aquariums, rabbits, etc.
Budgerigars, pigeons, finches, poultry and some other variety of love-birds are allowed to be kept as pets as well, while other birds like parakeets are strictly forbidden. Most varieties of rodents and turtles are also banned from being kept as pets.
In a time when the animosity towards animals has set dangerous and often horrifying examples, these rules come as a ray of hope, that people will be more susceptible to any such offence happening around them, and honour those animals for who they are: companions, trusted and loving.