
Pet Rules in Housing Society: Rights and Resp...

Pet Rules in Housing Society: Rights and Responsibility of Pet Owners Recent times have witnessed a rise in the number of urban and nuclear households choosing to adopt domesticated pets like cats and dogs in their homes in crowded housing societies in urban areas. This article intends to shed light on the resolution of conflicts between animal lovers/pet owners vs. other members of housing societies in which pets are kept vis-à-vis the laws governing the same. While most pet owners consider their dogs and cats as family members, they also have to ensure that their domesticated pets don’t cause a nuisance/harassment to others in their Housing Societies or neighbourhood. Traditional Indian Society has always placed a high value on the compassionate treatment of animals. What are the Pet Rules in Housing Societies? Many housing societies have made rules for pets in society to be followed by their members who house their pets in their homes in such societies which regulate the housing of pets or feeding of strays within the society premises. There are however a few housing societies that are controlled by misguided and tyrannical Office Bearers or vociferous society members who vehemently oppose the keeping of pets in the homes of its members as well as the feeding of strays in and/or around their housing societies. This often leads to conflicts between pet/animal lovers and those that are against animals in general and pets in their building Supreme Court Order on Pets in Apartments: The Supreme Court of India has even held and interpreted provisions of the Prevention of Cruelty Act and held that the “Right to live in a healthy and clean atmosphere and right to get protection from human beings against inflicting unnecessary pain or suffering is a right guaranteed to the animals” and our courts have championed this cause and upheld these in innumerable cases both reported as well as unreported. Animals’ well-being and welfare have been statutorily recognised under not just various laws but also in the Constitution of India itself. The Animal Welfare Board of India (AWBI) has even come out with a set of guidelines relating to pets as well as stray animals, however, these being guidelines are not mandatory and are not enforceable. While there are no specific laws dealing with the treatment of domesticated animals in housing societies, there are a number of laws in our legal framework that regulate and guide us in our treatment of animals, including Article 21 and Article 51 A (g) of the Constitution of India, The Indian Penal Code, Animal Birth Control Rules, Prevention of Cruelty to Animals Act, etc Our Constitution protects life and the word “Life” has been given an expanded definition by our Courts to mean and include any disturbance from the basic environment of all forms of life, including animal life, within the meaning of Article 21 of the Constitution. In one case our Supreme Court has held “Life” to mean something more than mere survival or existence or instrumental value for human beings, but to lead a life with some intrinsic worth, honour and dignity. Under Clause (g) of Article 51A of the Constitution of India, it is the fundamental duty of every citizen of India “…to have compassion for living creatures” which means concern for their suffering, sympathy, kindness, etc.; Under Clause (h) of Article 51A of the Constitution of India provides that it shall be the duty of every citizen to develop humanism which includes sensibility for other species; The Uttarakhand High Court in a recent judgment declared animals to be juristic persons and were accorded the status of legal persons or entities by the court. The Prevention of Cruelty to Animals Act (PCA) and the rights framed thereunder statutorily recognize Animals’ well-being and welfare as well. The right to dignity and fair treatment is not confined to human beings alone,
Keywords
Subscribe for latest offers & updates
We hate spam too.