RULES & BY-LAWS TO KEEP PETS & FEED  STRAY DOGS IN THE APARTMENTS : GOOD MANAGEMENT PRACTICES OF CATS & DOGS IN THE HOUSING SOCIETIES IN INDIA

RULES & BY-LAWS TO KEEP PETS & FEED  STRAY DOGS IN THE APARTMENTS : GOOD MANAGEMENT PRACTICES OF CATS & DOGS IN THE HOUSING SOCIETIES IN INDIA

Apartments are the new definition of affordable housing. With the average age of the home buyers going down, apartments and housing societies are the dwellings of the future. In this age of cut throat competition and insane work pressure, our home or apartment is where we search for our lost inner peace. This is where pets in apartments come in.

Our pets are an integral part of our lives and our homes. Making sure this home is a safe and  happy place for them requires us to learn the animal laws in India. The Government of India has laid down laws and rights for pets and streeties in housing societies with an aim to protect them against cruelty and abuse. Let’s look at the animal protection laws in societies, the responsibilities of pet parents, and the guidelines for the management committee when it comes to keeping pets in housing societies. We hardly have time to socialise after going through eight to nine hours of gruelling work schedule. It leaves us hungry for companionship. Having a (or a few) cats and dogs to come back home to is relieving and wards off the depressing loneliness. Considering the majority of the urban population has started living in apartments, it will be safe to assume that apartment communities and housing societies will see a significant rise in pet owners or pet parents among them. To ensure your apartment community or housing society does not have a fallout over pets, here are some things both the residents and association members need to know for housing pets in apartment.

 Bye Laws for Keeping Pets in an Apartment or in Society

 Keeping Pet in an Apartment gives immense happiness to their masters due to their strong bonding & affectionate relationship. Pets act as shock absorbers.

Animal Welfare Board of India says if any pet owners not violating any municipal law are permitted to stay in society.

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

According to Article 51 A(g) of the Indian Constitution, it is the responsibility of every citizen to behave compassionately towards living creature and animals
Section11(3) of the Prevention of Cruelty to Animals Act 1960 states that it is illegal for housing societies to pass a resolution disallowing pets.

Here is the list of bye-laws for keeping pets related to the rules with respect to pet dogs and pet-owning residents in the housing societies.

General rules by Animal Welfare Board of India

1. Bye-Laws for keeping pets says that any housing society cannot ban residents from keeping pets.
2. Any sort of ban can not be implemented by society. Even any resolution passed in the General Body meeting will be considered invalid. Any ban on keeping pets cannot be introduced by society by amending Bye-laws for keeping pets.
3. The Sub tenants (the licensee) can have pets in their flat.
4. Society cannot discriminate on the side of the pets.
5. Dog barking cannot be a valid reason to impose a ban on pets.
6. Having pets at home is a fundamental freedom guaranteed to the citizens of India as per the constitution.
7. keeping pets in apartment & residents owners of the pets not violating any municipal law are permissible to stay in the housing society.

Use of lift by pets

1. Pets cannot be disallowed from using lifts of the buildings. As per court ruling dogs/pets are family and so must have access to lifts in any society.
2. Housing Society cannot levy any extra charges or fees to the members who use a lift for their pets.
3. Society has no right to introduce any modification in this regard.
4. Courts consider pets to be a part of the family so pets cannot be stopped from using society lift.

Access to the park and garden of society

1. Society cannot disallow pets from entering the parks and garden of society.

Use of leashes and/or muzzles

1. Society cannot force the members to keep their pets on leash (Strap or chain) or muzzles.

Defecation by pets in the society premises

1. There no law in regards to cleaning pets excreta by the master.
2. Even if the pet defecates in society premises still society cannot Impose fine to the master.

Bye-laws related to Street dogs

1. Beating and driving away street dogs is not allowed.
2. Taking street dogs for birth control or other medication-related measures is allowed but they must be released back into the same locality.
3. There is no law restricting Indian residents from feeding stray dogs. Feeding stray animals is a compassionate feeling and is supported by the higher courts.
4. Beating street dogs is an offense; it comes under the animal cruelty Act as a punishable offense under section 428 and 429 of the Indian Penal Code.

Section 428 and 429 are as under:

Section 428 – Mischief by killing or maiming animal of the value of ten rupees. Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 429 – Mischief by killing or maiming cattle, etc., of any value or any animal of the value of 50 rupees. Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of 50 rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to 5 years, or with fine, or with both.

Hostility or aggressive behavior towards a pet that may lead pets to embrace aggressive behavior is not allowed.

Duties of Pet owners

Pet owners must understand the meaning of Co-existence and Co-operation. Pet owners are given liberty in many respects but at the same time, it is their duty to be considerate.

Few Precautionary measures

1. Pet owners can be requested to clean up after pets defecate or they can be trained to use a specified defecation area. It will help to keep the premises clean and other members’ happy.
2. Dogs can be kept under control while taking for a walk in the society’s premises so that others feel safe.
3. The timings for access to the Park in the society can be fixed in the General Body Meeting and accordingly informed the pet owners.
4. Pet owners should take care that the barking is not causing a nuisance to other members especially neighbors.
5. Pets should be kept clean, healthy and vaccinated. Pet owners should be aware that housing society can file a case against a negligent pet owner.

 Laws to protect stray animals in India

India is a country with rich flora and fauna. Some species of animals are considered holy and are treated with love and care, but all the animals are not that lucky and sometimes they are subjected to cruelty. Our Constitution provides for specific laws to protect these animals and according to it, it’s our duty as a citizen of India to protect and nurture these as they are also living creatures. In this article, we shall study the laws provided for the protection of strays.

Laws to protect stray animals in India

In India, there are specific laws that help in protecting stray dogs from cruelty. Some of them are listed as follows:

• Article 51A(g) of the Indian Constitution: As per this Article, “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.” It means that every citizen is obliged to protect the environment; therefore, safeguarding stray dogs from any kind of cruelty is also an essential fundamental duty of every citizen.
• Section 428 of IPC (Indian Penal Code): Any individual involved in mischief by killing or maiming animals is punished under Section 428 of the IPC. It states that “Whoever commits mischief by killing, poisoning, maiming or rendering useless any minal or animals of the value of ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
• Section 429 IPC (Indian Penal Code): It states that “whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow, or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.”
• Prevention of Cruelty to Animal Act, 1960: The primary motive behind the enactment of the Prevention of Cruelty to Animal Act, 1960, is to amend the laws for the prevention of cruelty to animals so as to reduce their unnecessary pain or suffering. In this Act, Section 11 elaborates on various acts of cruelty to both domestic and wild animals. In the case of stray dogs or abandoned dogs or street dogs, Section 11 (i) of the PCA Act states that it is an act of cruelty “If any person without reasonable cause, abandons, any animals in circumstances which tender it likely that it will suffer pain by reason of starvation thirst”. Along with this, Chapter IV of the Act illustrates penalties regarding the experimentation of animals as well as defines committee members for the same. Apart from this, Section 38 of the Act helps to protect stray dogs as it grants the power to the Central Government to make rules for preventing cruelty to animals.
  • Animal Welfare Board of India: This board was established in 1962 under Section 4 of the PCA Act which elaborates its members, functions, and roles.
  • The Animal Birth Control (Dogs) Rules, 2001: The Central Government introduced this rule as per the powers conferred by sub-sections 1 and 2 of Section 38 of the Prevention of Cruelty to Animals Act, 1960.

 Laws and rights for pets and streeties living in societies:

There is a lot of confusion regarding the laws for stray dogs and pets in societies, this section can help clarify some of those doubts.

The Prevention of Cruelty to Animals Act 1960 was established to prevent the infliction of unnecessary pain or suffering on animals. The act consists of several laws that protect the rights of animals against cruelty. The Animal Welfare Board of India was also established under this act and it states the following rules for pets & community animals in housing societies.

All pets & community animals have the right to live a happy life 

Banning pets

No housing societies can pass by-laws that ban pets. Such laws cannot be imposed on members even when there is a majority of votes against pets in the society. Sub-tenants can have pets in their flats. The Kerala High Court also ruled that it is illegal for RWAs to prohibit residents from keeping pets.

1. Discrimination 

No housing society can ban a pet based on their breed or size. Even a dog’s barking habits cannot be used as a reason to ban pets.

2.Use of common facilities 

No housing society can ban pets from using common utilities like lifts, parks or clubhouses. A charge for using the same is also not allowed. A society cannot introduce any modification in this rule. Courts consider pets to be a part of the family, hence common facilities to them cannot be denied.

3.Imposing the use of muzzles 

Pet parents can be requested to keep their pets on a leash when in common areas. However, the pet parent can be fined in case of negligent behavior. Societies cannot impose the use of muzzles on dogs. However, the pet parent must ensure the pet is well trained.

4.Feeding community animals

Society cannot ban/threaten/intimidate or harass any resident who feeds, looks after and takes care of community animals in the locality. Section 503 and 506 of the IPC make this a punishable offense.

The Animal Welfare Board of India issues ID cards for feeders and colony caretakers. These ID cards are issued with the intent to let people know that the actions taken by volunteers are lawful. They also provide a buffer against harassment to the feeders and caretakers. The application to obtain this ID card can be downloaded from the official website of the Animal Welfare Board of India

5.Relocation

A society cannot relocate any community animal. Section 11(1) (i) and Section 11(1) (j) PCA Act, 1960 protect them from being relocated as relocation leaves animals in a situation where they might suffer. This is especially true in the case of community dogs as they live in packs. Each pack has their own territory and their instincts of protecting their pack lead to deadly fights.  

6.Cruelty 

Under sections 428 and 429 of the IPC, cruelty towards animals, be it pets or animals is a punishable offense. It is also illegal under the Prevention of Cruelty to Animals Act, 1960. No society can create harassment laws against pets or community animals. Any society member found being cruel to them can be reported to the police. Section 11 of the Prevention of Cruelty to Animals Act is one of the most important sections in the act. It deals with various forms of atrocities and cruelty that are inflicted on domestic and wild animals. This section has many subsections that deal with different forms of cruelty. This includes:

1. Beating
2. Kicking
3. Running over
4. Torturing
5. Extreme load over
6. Engagement in labor work despite sickness
7. Administration of dangerous drugs
8. Confinement in cages where animals cannot move
9. Not providing adequate water, food and/or shelter
10. Abandonment in situations wherein the animal has to suffer
11. Animal fighting for money
12. Keeping animals chained for long periods
13. Treating animals in a way to subject unnecessary pain or suffering

Beastiality Laws in India:

Section 377 of the IPC retains beastiality as a criminal offense. The Supreme Court of India decriminalized homosexuality under the same section but retained the feature of intercourse with animals to be deemed as a crime. The argument is based on the fact that animals cannot provide consent, hence beastiality is considered to be a crime.

Animal Birth Control (Dog) Rules, 2001 under the PCA Act:

This act came into existence to control the population of community dogs and eliminate the risk of rabies. It promotes sterilization and vaccination of streeties in a right and lawful manner. The act states that every animal, after vaccination or sterilization must be left at the same location where they were picked up from. As dogs are territorial, they might suffer when left in a new locality. It prohibits relocating and killing streeties.

Bye Laws For Keeping Pets In Apartment

Bangalore Apartments’ Federation has come up with a humane set of suggestions to craft bye laws in communities for keeping pets in apartments. Both the residents and association must remember, sustainable rules have to be remembered and followed by both ends. So what can all involved parties do?

Apartment Management Committee and Pets

1. Do not start a tiff by creating bye laws banning pets. It’s illegal.
2. Do not craft bye laws that inconvenience pet owners like, disallowing them to use the elevator with their pets. The famous case of Shri. Ajay Madhusudan Marathe vs. New Sarvodaya CHS Ltd. showed pet owners cannot be subjected to discriminatory treatment by the association.
3. Ask for vaccination records and sterilisation records of the pets who come in your complex.
4. Fix a certain time when dogs or cats can be taken out for walks.
5. Make it mandatory for all residents to clean up after their pets.
6. Earmark feeding spots and designate a convenient time for residents who may want to feed the community strays. Ensure the designated feeding spot is not near any residential block or common places where children play.

Residents and Pets

The love for your cats or dogs is understandable. However, unbridled passion should not breed unreasonable attitude. A few things must be kept in mind if you wish to have an animal companion.

1. Vaccinating your pets is mandatory. For cats, Anti- Rabies and Feligen/TriCat must be renewed every year. Dogs must be vaccinated with Anti-Rabies, DHLPPi, Coronavirus and KC vaccines. Renewal to be done every year.
2. Train your pets to attend to nature’s calls in the house. Dogs can be trained to use the bathroom while cats can have dedicated litter trays. Use natural litter substrate and litter scoopers to make your job easier and maintain hygiene.
3. Sterilise your pets. Neutering and spaying must be mandatory for pets. It is not only beneficial for your animal companion but also, it is much easier to train them in developing good habits.
4. Make sure to be a responsible pet parent. If your pets in apartments stay unsupervised for long hours, ensure they have access to enough food, drinking water and interactive toys to stay entertained in your absence.
5. Provide enough exercise. Spend time with them. It will automatically burn their energy and they will be less vocal, while being healthy.
6. Always keep your animal companions on leashes. Be mindful of your neighbours’ safety when you take them out.

Residents and Strays

It is commendable to witness individuals taking up the cause of the voiceless. However, everyone should remember the philosophy of co-existence.

1. If you are a regular feeder, feed the strays in a designated spot. Make sure it is not near any residential block or children’s play area.
2. Clean after feeding. No leftovers should be left once the strays have had their full.
3. Tie up with local animal welfare associations to maintain vaccination and sterilisation drives. They keep the animals healthy and sterilisation is a humane method to reduce aggression and overpopulation of the animals in your community.
4. Educate your neighbours on animal behaviour and language to help them understand how to deal with strays in your locality.

Adopting pets is perhaps one of the best things any of us can do. With adoption, comes responsibilities. It is the duty of every pet parent to adhere to the guidelines issued by our Constitution and the Municipal Sanitary Regulations to give them a clean and healthy life. A well maintained and well trained pet is often no nuisance to anyone. Management committees and RWAs must maintain the word of the law when drafting their bye laws. Research on existing laws, consult people with experience regarding pets in apartments and devise a humane system of coexistence in your community.

 Dogs in housing societies: What do the rules say?

Of late, several gated housing societies in India have witnessed a rise in the cases of dog attacks causing a safety concern among the residents. Though the initial anger among the public was to oust the strays, the new pet policy has left pet owners worried as the non-compliance may attract a fine of up to Rs 10,000. What are these new policy norms and the penalties levied?

The Noida Authority has mandated the registration of pets before January 31, 2023, after which there will be a set of penalties imposed. While dogs are the most common pet animals, some incidents of attacks by both pets and stray dogs in the past have created an uproar. This pressurised the gated societies and municipal authorities to make necessary changes to cope with the attacks and ensure the safety of the residents. Thus, the authority has come up with a slew of precautionary measures along with the compulsory registration of pets. Let’s have a look at this new pet policy and the rules that apply to the stray dogs in society.

What are the new guidelines issued by the Noida Authority about pet registration?

• The Noida Authority Pet Registration (NAPR) has implemented rules as per which pet registration is mandatory by January 31, 2023, after paying a fee
• The minimum fee for pet registration is set at Rs 500 per annum. The registration has to be renewed in April every year. In addition, to register the pets, it is compulsory to submit the vaccination card issued by a registered veterinarian
• As a part of this new policy, pet owners are not allowed to leave their pets outside their houses or take their pets out without a leash. The municipal corporation will issue the leash with a barcode containing all the details of the pet
• In case of any health issues, the owner must bring a medical certificate from a veterinarian. Noida Authority’s PET Registration App provides free consultation and anti-rabies vaccines for registered dogs. Moreover, for medical assistance, pet owners can contact the helpline number 9999352343
• It is the responsibility of the owner to clean up after their pets defecate in public places. In case of the death of a pet, the owner can notify via NAPR App
• If there is a complaint of cruelty against a pet, the Noida Authority will take legal action against those found guilty. Similarly, action will be taken against the owners who leave their pets unattended

Penalties imposed for non-compliance to the pet policy

It is mandatory to register the pets before January 31, 2023, and post that there will be a fine for delay. While there is an additional penalty of Rs 200 from February 1, 2023, Rs 10 per day is also added from March 1, 2023, along with February’s penalty.

A fine of Rs 10,000 is set for biting cases, whereas the fine for violating the sterilisation is Rs 2,000. Pet owners found to be running a dog-breeding centre in their homes will be subjected to a fine of Rs 5,000.

How to register pets online via Noida Authority Pet Registration (NAPR) App?

• Download the NAPR App and tap the ‘new registration’ link on the home screen
• Enter all the information about the pet, including name, breed, age, and date of vaccination. You are also required to upload the picture in the form
• After entering all the relevant information, select the option to pay the registration fee
• The app provides various modes of online payment, including debit and credit cards and UPI transfers
• After the completion of the transaction, save the payment slip for future references

The Municipal Corporation of Gurugram (MCG) has also made it mandatory for the residents to register their pets in accordance with the Haryana Municipal Corporation Act, 1994. While MCG was recently waiting on clarifications from the Society for the Prevention of Cruelty of Animals concerning the ban on eleven foreign dog breeds, they have now made it necessary for the residents to pay a fee for the registration of their dogs. Non-compliance with this rule would require the residents to pay a penalty. MCG has taken four dogs into custody ever since implementing the rule because of their unregistered status.

What laws govern stray dogs in India?

Before the countrywide laws concerning stray dogs can be iterated, it is imperative to understand that pandemic has profoundly affected the community of stray dogs, courtesy of constant lockdowns in the country.

In June 2021, the Delhi High Court (HC) emphasised the need to create ‘guard and dog partnerships’ in consultation with the Police to train stray dogs to protect the housing society and not harm its residents.

The HC further laid down directives to be followed by the citizens, Resident Welfare Associations (RWA) and municipal bodies pertaining to feeding stray dogs. The court observed that stray dogs must have access to food and water in the absence of community dog feeders in the area. It also stated that the Animal Welfare Board of India (AWBI) and RWAs or the municipal should work closely to create designated feeding spots where humans frequent sparingly. This would give the dogs a sense of security as they are territorial in nature.

Additionally, stray dogs are protected under the Prevention of Cruelty to Animals Act of 1960, especially under Section 38 of the Act. Also, as per the Animal Birth Control (Dogs) Rules, 2001, dogs cannot be relocated or removed from their territory. The Central Government also circulated an Office Memorandum in 2006 discouraging government servants from indulging in cruelty towards stray dogs.

The Supreme Court, however, briefly stayed the order of the Delhi HC in March 2022, particularly based on the point that stray dogs can be fed in housing societies. Nonetheless, the stay was lifted in May 2022, observing that stray dogs have the right to food and water, and no citizen can be restricted from feeding them.

How to remove stray dogs from a society?

In 2019, the Supreme Court of India ruled that the complete removal of stray dogs would be wrong and that there must be a balance between acknowledging human risks and protecting animals’ rights. Hence, a good way to curb the stray population is to neuter them.

One can contact the Municipal Corporation in Gurgaon, or the appropriate authority in the city, who will forward the request to Non-Governmental Organizations (NGOs). For the process to be easier, involve a dog-friendly individual.

Where to file a stray dog complaint?

Whenever stray dogs are being mistreated or if one wishes to lodge a complaint regarding the growing number of stray dogs, contact the nearest police station in the area. If one is unable to reach any legal authorities, try contacting organisations that assist abandoned animals and people.

What are the bye-laws regarding keeping pets in gated societies?

As per Article 51 (G) of the Constitution of India, citizens can choose to live with or without an animal companion. Hence, fundamentally pets cannot be restricted in residential spaces.

Under Section 9 (K) of the Prevention of Cruelty to Animals Act, 1960, societies have been barred from implementing rules that prevent residents from keeping their pets. RWAs, with the support of residents too, cannot violate the Act. The AWBI states an extension of the above guideline that RWAs and Apartment Owners Associations (AOA) cannot ban or limit the number of pets a dweller has or may have.

Citing safety concerns, residents often feel the need to restrict pets’ movement in the common areas of a housing society, like parks and lifts; however, this can be deemed unconstitutional. RWAs, at most, can issue guidelines to safeguard the residents against any probable animal attack.

The AWBI also states that RWAs and AOAs cannot impose rules on the size of pets, usage of the muzzle and feeding them outside of their home. They also cannot insist on giving up the pet dog due to excessive barking and deny property to tenants due to pets.

However, if a pet dog bites a society resident, the injured can file a criminal complaint under Sections 287 and 337 of the Indian Penal Code (IPC). Also, the individual will have to prove that the pet owner was negligent and the dog made an unprovoked attack. If found guilty, the pet owner will have to pay necessary damages or even face imprisonment of up to six months.

What is the role of an RWA in maintaining a gated society with stray dogs?

When discussing stray dogs inside a gated society, a significant limelight is on their accountability. While RWAs are responsible for maintaining the housing society, they may often be unaware of how to control stray dogs inside the area. This can be due to the fact that many residents feed them, and this tends to multiply the stray dog population within the gated community.

After HC’s order was met with a stamp of approval from SC, RWAs now need to focus on spreading awareness on the subject. RWAs, with the support of AWBI, can work on better implementation of Animal Birth Control (ABC) to drive sterilisation. Also, the latest draft of ABC 2022 talks about vaccination and the formation of stray monitoring committees within society. Once passed, the RWAs will have to undertake the activities to ensure the peaceful co-existence of stray dogs and humans.

Which all dog breeds are banned in residential societies?

The Gurugram Consumer Forum decided to put a ban on a total of eleven foreign dog breeds to curb the instances of dog attacks in the city. These breeds include- American Pit-bull Terriers, Rottweilers, Presa Canario, Dogo Argentino, Boerboel, Wolf Dog, Cane Corso, Neapolitan Mastiff, Bandog, Fila Brasileiro, and American Bulldog. The forum has directed the MCG to cancel the licenses of all dog owners keeping the mentioned dog breeds; while taking such dogs in custody.

Community dogs: Dos and don’ts in a gated society

• While stray dogs are presently not monitored as closely as pet dogs, the first step is to know the number of strays frequenting the gated society. This would help in case of any sudden influx of stray dogs in the area.
• Analyse the behavioural pattern of the strays. If there are any aggressive strays in society, inform the community feeders or the local governing body immediately so that they can take the necessary steps to prevent an accident.
• Feed them in designated areas only, and do not allow the dogs to follow into the elevators and staircase to reach the home of the feeders.
• Avoid taking pets to the feeding areas as this may cause an altercation between the dogs and harm the residents.
• In case of any instance of a dog bite, inform the authorities immediately.

With a stray dog population of over 1.5 crore in the country, their presence in gated societies is almost impossible to avoid. However, animal rights activists believe proper awareness and compassion towards them can help housing societies achieve a harmonious relationship.

 

Compiled  & Shared by- Team, LITD (Livestock Institute of Training & Development)

 Image-Courtesy-Google

 Reference-On Request.

Apartments Pet Rules – Rights & Responsibility of Pet Owners in Housing Societies