• Restriction on pets

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?
Asked 3 years ago in Constitutional Law

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16 Answers

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 

 

 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

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.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

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.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

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.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Housing societies have no right to form laws regarding pets; neither can ban pets in society or restrictions on their movement.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Yes RWA  can take decisions on basis of majority for the welfare of the residents. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Yes, rwa can do it .

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

Dear Sir/Madam,

It is suggested that  such laws or rules can be made for the general welfare of the people. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

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.

  • 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

  • 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

 

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:

  • Designating specific hours when pets can use the park
  • Requesting pet owners to take charge of their pets in common areas
  • Instructing pet owners to ensure that other residents are not inconvenienced
  • Directing pet owners to accompany their pets at all times
  • Requesting pet owners to take responsibility for cleaning after their pets besides training their pets to confine themselves to a certain area
  • Warning residents and their children not to tease or provoke pets
  • Advising pet owners to adhere to the Municipal Sanitary regulations
  • Pet owners shall ensure that their pets do not get into a fight with other pets

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Its against the law to ban pets from residences and apartments. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can complaint to corporation and police. You can also go before consumer court

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

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:

  1. Despite other tenants being in consensus about not allowing pets in the apartment, a ban on owning pets is illegaland can’t be enforced on tenants.
  2. They can’t pass any such notice regarding the size or breed of dogs which will be accepted in the apartment, while others are rejected.
  3. The barking of pet dogs won’t be considered as a valid reason to ban dogs from the apartment. However, pet owners are advised to try their best in keeping their dogs quiet, especially at night.
  4. Apartment associations can’t pass any laws against pets using the elevators or lifts or impose a fine on tenants whose pets use said elevators or lifts. However, if an alternative lift already exists in the apartment, pet owners are advised to use it for convenience.
  5. Pets can’t be outright banned from gardens, parks and other public spaces. However, provisions can be made to adjust timings such that they don’t disturb or scare other tenants or kids, or create any inconvenience.

 

  1. The owners must follow strict regimes to keep their pets healthy and hygienic. All vaccinations should be administered regularly and adequately. Sterilisation of pets is advised, to keep their population in check.
  2. Pet owners are advised to participate in the effective cleaning of faeces from their pets while on public premises, methods of which might be suggested by apartment associations.

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:

  1. Those who feed or offer shelter to stray animals in their locality are also advised to participate in these animals’ sterilisation, vaccination and health care. However, after sterilisation and vaccination, those animals must be returned to the same locality, under ABC Rules 2001.
  2. Any cruelty towards strays is also a punishable offence under section 11 of the Prevention of Cruelty to Animals Act and sections 428 and 429 of the Indian Penal Code.
  3. Bears, Monkeys and other animals can’t be kept and trained for entertainment purposes, under Section 22 (ii), PCA Act 1960.

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.

 

 

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

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