• Housing society disallowed to play with stray dog

My name is sumit.I'm living in kandivali mumbai. Me and my brother sometime feed and play with stray dog.some other building wings members also feed and play with them but my wing society committee said you cannot play ,love or feed them. I also have pet dog they restriction to access premises of society with dog. I need some legal advices.
Asked 2 years ago in Constitutional Law

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6 Answers

Animal welfare board has held that The Animal feeders/ care givers are feeding these animals from their own resources and out of Compassion. The Constitution of India has allowed the Citizen of India to do so under 51 A (g). Therefore, the feeder cannot be prevented from feeding the animals or care giving following the AWBI Advisories. Therefore, all the RWAs and Citizen of India are requested not to take any kind of adverse action against the feeders of dogs, nor to relocate or resort to poisoning of dogs or other atrocities which is against the law of the land.

 

2) don’t feed them in society premises but you cannot be restrained from doing so in public place 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

it is illegal for housing societies to pass pet bye laws that disallow pets, not even on a majority vote by the residents of the society.

2)

A housing society cannot ban pets/dogs on the basis of their breed or size. Even complaints regarding a dog’s barking habits cannot be used to ban the pet. 

3. Use of common facilities

A housing society cannot ban a pet from using common facilities like lifts and parks or impose a fine or special charge for the same.

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.

- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

-  Further, as per Animal Welfare Board of India, if any pet owners not violating any municipal law then it is permitted to have the same in society.

- Further, being a resident of a housing society, pet lovers should also understand that pets should not cause nuisance and botheration for others.

- Further, under Article 51 A(g) of the Indian Constitution, it is the responsibility of every citizen to behave compassionately towards living creature and animals

- Further, Section(3) of the Prevention of Cruelty to Animals Act 1960 states that it is illegal for housing societies to pass a resolution disallowing pets.

- Hence, you can lodge a compliant against the management of the society before the Registrar and other competent authority. 

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

Feeding stray dogs is legal both within and outside any society, and what is prohibited is threatening dog feeders from carrying out their essential obligation under Article 51A(g) of the Constitution of India. The Animal Welfare Board of India has issued extensive guidelines on feeding stray dogs, and there have been numerous judicial decisions protecting dog feeders and caretakers who face the wrath of ill-informed neighbours. Interfering with or harassing anyone who chooses to care for and feed community dogs is criminal intimidation, as defined by Section 503 read with Section 506 of the Indian Penal Code

 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Even the Indian Constitution encourages peaceful coexistence among all animals and compassion for all living species as one of our Fundamental Duties [Article 51(g)],

In the case of street animals, the AWBI rules state that feeding stray dogs is a legally protected activity and that caregivers and feeders should get these dogs vaccinated and sterilized to support animal welfare organizations in maintaining their health.

No amount of pressure from a Residents Welfare Association (RWA) or society is adequate to induce someone to abandon a pet animal, and doing so is a punishable offense.

 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Dear client I am sorry to hear that but a hall since society cannot distinguish or this allow to pet a dog on the basis of The Breed or for that matter on the basis of the barking habit father mode they can also not this allow to you was common facilities likelift and parking areas

Anik Miu
Advocate, Bangalore
11006 Answers
125 Consultations

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