Sampat's Law Firm

KNOW YOUR PETS’ RIGHTS: 


WHAT THE HOUSING SOCIETIES CANNOT DO: -


Ban pets: Even if it is added in the societies’ bylaws, it is illegal to ban pets from the society. Planet earth does not belong to humans alone.


Insist on the size of the pet: A society cannot allow smaller dogs, but ban larger ones


Use ‘dog barking’as a valid and compelling reason to enforce a ban


Restrict the use of elevators: Pets can’t be banned from using the lift, according to Bombay High Court rulings. The society can’t impose extra charges to allow pets to use the lifts


Ban pets from parks: Banning pets from gardens or parks is a short-sighted move. Residents may fix specific timings for pets, to ensure it doesn’t make people around them uncomfortable


Ask you to use leashes: Pet owners can be requested, at the most, to put their pets on a leash when they are being walked in common areas


Ask you to use muzzles on your pets: The law already provides penalties on negligent pet-owners. The society cannot force owners to make their pets wear muzzles


Force you to scoop up poop: Pet-owners can be requested to clean up after their pets, but societies can’t force them to do so. Societies can’t impose fines for this either. However, as a pet owner, this is a basic courtesy — scoop up your pet’s poop, it will make your neighbours happy and keep your surroundings clean. Societies could also set aside specific areas for pets to defecate


Intimidate you: Any intimidation towards a pet-owner to abandon the pet is in violation of the law and punishable under the Indian Penal Code.


Many cases are filed for cruelty to animals. Just because some amount of inconvenience is caused to majority of members that does not give any right to majority to frame rules and. Regulations against the pet owners curtailing the freedom of the pets. However some reasonable restrictions can be framed against pet owners but in principle right of pet owner to allow the pets to use the infrastructure of chs property must be recognised.