LATEST RULES & REGULATIONS FOR FEEDING STRAY OR COMMUNITY DOGS IN THE HOUSING SOCIETY

On March 10 this year 2023, the Ministry of Fisheries, Animal Husbandry and Dairying notified the Animal Birth Control Rules, which put the onus on the Resident Welfare Associations (RWA) and Apartment Owners Associations (AOA) to ensure a feeding spot and time for residents to give food to animals.

In two judgments delivered in March, the Bombay High Court has relied on the recently notified Animal Birth Control Rules, 2023 to unequivocally hold that stray dogs not only have an inherent right to live and not be subjected to cruelty but, like all other animals, they also have a right to their basic needs of food and water.

The Rules read, “The feeding spots shall be far from children play areas, entry and exit points, staircases, and should be in an area which is the least frequented by children and senior citizens. RWAs or AOAs should designate feeding times depending on the movement of children and senior citizens.”

“The designated feeder shall ensure that there is no littering at the feeding location. Designated feeders are allowed to volunteer to help vaccinate the dogs, and to assist the animal birth control programme by helping catch and release the animals,” the Rules stated. In a respite to man’s best friend, it is now officially permitted to feed stray dogs in India provided the feeding is in designated areas that are mutually agreed upon by resident welfare association (RWA) or housing complexes and  community caregivers (street dog feeders.) The policy guidelines for feeding of strays dogs says that, the designated feeding area must be away from public streets, pedestrian paths as well as footpaths which are used regularly by people for commuting.

It suggests multiple feeding areas within a locality keeping in mind that dogs are territorial animals  The guidelines recommends feeding in secluded areas, infrequently used service lanes, and areas adjacent to the boundary walls of houses that are not used as passage. It also says that, the designated area must be indicated by a signboard with specified timing slots.

For caregivers who feed strays the policy says that, the feeding must be hygienic with no feeding of raw or uncooked meat. Further the caregiver must ensure that no littering or dirtying is caused by the feeding process.  The guidelines say that, no person can restrict another from feeding dogs, unless it is causing harm to them and dog feeders must ensure that the animals are vaccinated and sterilised.  It says, “it is also the responsibility of community residents to get their street dog population sterilised through an NGO engaged in dog sterilisation programme.” The policy seeks to end the conflict between dog feeders and residents who oppose feeding in public places.

It says, “The dog feeders’ conflicts are only symptomatic of the real cause, which is the exploding population of street dogs and the inadequate measures to control the dog population. The solution to this conflict is mass sterilization of street dogs.”

Pet owners are urged to sterilise their pets to avoid increase in the dog population in the state. the policy mentions that, although feeding of street dogs may lead to some inconvenience for residents, especially those who do not like dogs, such feeding is necessary to ensure that the animals do not become aggressive due to hunger and further to ensure that the dogs can more easily be caught for sterilization.

Centre Issues Guidelines for Feeding Stray Dogs in Housing Society

Following the Animal Birth Control Rules, 2023 formulated on March 10, 2023, by the Central Government notified answers the question of feeding strays dogs in a housing society “optimally”, the Bombay High Court disposed of a petition covering warring management of Seawoods Estate Limited and dog lovers in the society.

From published rules by the Union Ministry of Fisheries, Clause 20, Animal Husbandry & Dairying, says that feeding Community Animals in the society premises or the area shall be the Apartment Owner Association or Local Body representative responsibility who intends to feed animals compassionate gesture.

Food zones must be selected mutually – away from play areas, admission points, staircases, or other busy places. It also says that feeders must ensure there is no littering or infringement of the Resident Associations guidelines. Significantly, if a dispute arises among the apartment owners and caregivers, a 7-member Animal Welfare Committee would be created to take the final decisions.

“If this is the architecture of the Rules, then clearly there is no issue for us to decide. There is now a legislative framework that occupies the field,” Justice Patel stated while explaining that Seawoods Estate Limited would “without any doubt” fall beneath the definition of Resident Welfare Association.

But, the court took exception that the 7-member Animal Welfare Committee formed if any conflict arises, did not include dog feeders “who are themselves taking on the burden of feeding and caring for community animals.” “We believe this is necessary and we recommend it,” the justice added.

Justice Patel mentioned the Rules are not passed in a vacuum and have a legislative and constitutional context to them. The Rules passed under the Prevention of Cruelty to Animals Act’s Section 38 and Article 51-A(g) of the Constitution make it a fundamental duty for everyone to have empathy for all living creatures. Moreover, Part IV of the Directive Principles of State Policy does explain and warrant such rules to be formulated.

“Whether this is improving as far as Article 48A is perhaps a debate for another day. There is at least some law, and certainly, this has been developed overseas that fundamental constitutional safeguards guaranteed by the constitution must be held to vest even in non-human actors.” It added that there has been a sensation in HCs to acknowledge these rights. “While it has been brought in sufficiently at least in American jurisprudence to include representative action on behalf of other non-human living creatures. A recent trend in this country, in some High Courts, has been to recognize the vesting of such rights.” The court stated that these dimensions could be reviewed in a relevant case with India’s international obligations. It appreciated the fact that the Rules were not restricted to dogs only wild and excluded other animals and pets as well.

What is the significance of the Animal Birth Control Rules notified in March 2023?

 

For the second time in two decades, the Union government has framed rules to deal with the rising population of stray dogs in the country. The first set of rules was notified in 2001. This time around, the free-roaming dogs we all encounter in our neighbourhoods have been provided with a new status: they will now be known as ‘community dogs’.

The renomination could make all the difference to their treatment and well-being, if given a chance.

The Animal Birth Control Rules, 2023, notified under the Prevention of Cruelty to Animals Act, 1960, unambiguously declare ‘street dogs’ as ‘community dogs’, having inalienable rights to being fed in both private and public areas. These Rules were notified under Section 38 (power to make rules) of the Prevention of Cruelty to Animals Act on 10 March 2023. They are now law.

Coupled with the guidelines for sterilisation of these community dogs elaborated in these very Rules, it is hoped that both the Union and state governments will now allocate adequate resources to make the animal birth-control programme effective. The onus to ensure the success of the sterilisation and anti-rabies programmes is firmly cast on the country’s local self-governing bodies— the municipalities and the village panchayats.

The significance of the 2023 Rules is to be appreciated in the context of the conflicts that have arisen in some cities between the managements of ‘resident welfare associations’ (RWAs) of building societies, apartment blocks and gated communities, and activist citizens who have taken upon themselves the task of feeding strays.

The RWAs wish to keep their gated areas free from these creatures. They insist that strays must be evicted even if they have been living there for a while, simply because, legally, the area is now the property of the people who have purchased the apartments. The animals are given no choice but to go fend for themselves elsewhere.

On the other hand, some residents of the same building societies feed these animals out of compassion and, of course, their love for animals.

 

With the single and simple change in terminology (labelling the strays as ‘community animals’), the dogs have been given a sense of belonging.

The conflicts result in harsh measures being meted out by the RWAs, which include attempts to drive the strays away, refusal of permissions for feeding, harassment of dog feeders, and creating a climate of hostility towards animals among the residents.

The 2023 Rules have squarely addressed this problem and given legal protection to these stray animals, hoping thereby to try and change the mindset of the people in the way they perceive these strays. With the single and simple change in terminology (labelling the strays as ‘community animals’), the dogs have been given a sense of belonging.

With the same stroke of the pen, people residing in the areas in which the dogs have come to reside have automatically become their caregivers: they are now responsible for their upkeep and well-being.

Dogs are territorial animals— they live within defined areas they have earmarked for themselves and being so, they become protective of their territory. This is true of both pet dogs as well as those who have no owners. They will bark furiously at other dogs who may enter their territorial areas, whether they are within compound walls or roaming free. Thus, without being appointed as watch dogs by anyone, they guard the areas (and the people in it) they have adopted as their territorial limits.

The 2023 Rules define a community animal as “any animal born in a community, for which no ownership has been claimed by any individual or organisation and excludes wild animals as defined under the Wild Life (Protection) Act, 1972.” Community-owned dogs may be local, Indian dogs, or abandoned pedigree dogs that are homeless, who live on the street or within a gated campus.

Rule 20 of the 2023 Rules, dealing with the feeding of community animals, reads, “It shall be responsibility of the resident welfare association (RWA) or apartment-owner association (AOA) or local body’s representative of that area to make necessary arrangements for feeding of community animals residing in the premises or that area involving the person residing in that area or premises as the case may be, who feeds those animals or intends to feed those animals and provides care to street animals as a compassionate gesture.”

The Rule goes on to detail the arrangements that are to be made by the RWA and the precautions to be taken while deciding on feeding spots. For example, they should be far from children’s play areas, entry and exit points, staircases, and spaces frequented by children and senior citizens. Suitable feeding timings should be fixed which are known to all, and designated feeders appointed.

The feeders also have responsibilities: they should ensure that there is no littering at the feeding location or violation of guidelines framed by the RWA. Their assistance with the sterilisation and vaccination programme for the animals is welcomed.

‘Strays’ elevated to ‘community dogs’ status

The continuing conflict between managements of apartment blocks, gated communities and people who are dedicated to the feeding of stray animals now has a legal resolution. The new ‘Animal Birth Control Rules (ABC), 2023’ notified under the Prevention of Cruelty to Animals Act declare ‘street strays’ as ‘community dogs’, having inalienable rights to being fed in both private and public areas.

This signals a clear and welcome improvement in the way people perceive strays and their rights.The developments are reflected in two recent judgments of the Bombay High Court. These judgments arose in conflicts where animal activists and dog feeders have sometimes been restrained by members of housing societies from feeding stray dogs on the society premises, and in some cases, have been either stopped from feeding the animals or have had to feed them elsewhere.

In both judgments delivered independently of each other in March this year, the High Court has unequivocally held that stray dogs not only have an inherent right to live and not be subjected to cruelty, but like all other animals, also have a right to their basic needs of food and water. Relying on some earlier judgments of the Supreme Court and of different high courts in the country, as well as the Central Government’s recently notified ABC Rules, 2023, the Bombay High Court emphasized that compassion for all living creature is a fundamental duty of citizens, enshrined in Art 51-A (g) of the Constitution of India.

The circumstances which led to the filing of the petitions not only make interesting reading, but are fairly similar to situations in Goa as well, where managements of some gated communities have stopped dog feeding or delegated the activity outside their campus.

Let us briefly look at the facts in each case.

The first petition – filed by Sharmila Sankar and others against the Seawood Estates Ltd – had a history. The activists had earlier (in 2021) approached the High Court with a writ petition complaining that they were not being permitted to feed the stray dogs living within the complex. Some assurances were given by the management that places would be assigned for feeding the stray dogs. However, Seawoods – apparently unwilling to permit some portion of its property to be assigned for dog feeding – instead created sheds or temporary structures for feeding stray dogs at three stations on public land outside the Estates. This naturally upset the city corporations – CIDCO and Navi Mumbai Municipal Corporation – which have jurisdiction over these lands. They commenced to remove these unauthorised structures, but the activists were also aggrieved that the earlier promises were reneged upon. They therefore filed a contempt petition, which was decided on March 20, 2023, by a bench comprising Justices Gautam Patel and Neela Gokhale. In their judgment, the Court elaborately discussed the issue of whether resident welfare associations, under one excuse or another, can prevent dog feeders from caring for the strays resident within the campus.

The second case relates to a petition filed by Ms Paromita Purthan, a dog feeder who was taking care of around 18 dogs living within the cooperative housing society in which she resides. Her society comprises three buildings and the land available is around 15 acres, including that of neighbouring societies. Her grievance was that the management of the society refused to allow her to feed the dogs and care for them, including providing them with water. The society management rejected her requests to allot a designated area within the complex for feeding the animals. She was thus compelled to feed them outside the society gates which in turn made the dogs vulnerable to road accidents. Even this was apparently not liked by the management which now hired bouncers to prevent the petitioner from caring for these community dogs. Ms Purthan therefore filed WP No 702/2023 for relief. Judgment on her petition was delivered on March 27, 2023, by a division bench comprising Justices G S Kulkarni and R N Laddha.

In Sharmila Sankar & Ors v/s UOI, the Court framed the issue as follows: Whether a provision ought to be made – as M/s Seawoods suggested – for the care and feeding of stray dogs outside the private precincts, but on public land. These were community dogs living within the residential complex area.

The Court found answers to the issues raised in both petitions in the new ABC Rules 2023, which lay down special provisions for the care and upkeep of street/stray dogs. These Rules have been notified under Section 38 of the Prevention of Cruelty to Animals Act, 1960. They have received the approval of Parliament and were notified on 10 March 2023. They are now law.

At the outset one needs to notice one very significant feature of the ABC Rules 2023, which reflects changing the perception of law makers towards these ownerless, abandoned dogs which we see aplenty  wandering our streets and market places. The ABC Rules 2023 renames these dogs as ‘community dogs’ – rather than stray or street dogs. With this single and simple change in terminology, the dogs have been given a sense of belonging, and with the same stroke of the pen, people residing in the areas in which the dogs have come to reside have automatically become their caregivers: they are now responsible for their upkeep and wellbeing.

The ABC Rules define a community animal as ‘any animal born in a community, for which no ownership has been claimed by any individual or organization and excludes wild animals as defined under the Wildlife Protection Act, 1972’.

It is the section on feeding and care of community dogs in the ABC Rules which has been highlighted and relied upon by the Bombay High Court to direct the residential societies to earmark dog feeding areas where animal activists/feeders can care for their needs. The relevant Rule 20 on feeding of Community Animals states that ‘it shall be responsibility of the Resident Welfare Association (RWA) or Apartment Owner Association (AOA) or Local Body’s representative of that area to make necessary arrangement for feeding of community animals residing in the premises or that area involving the person residing in that area or premises as the case may be’. It also states that the RWA/AOA/Local Body’s representative ‘shall ensure to designate feed spots which are mutually agreed upon’.

The Rules 2023 further ensure that in case of any conflict between the RWA/AOA and the animal caregivers or other residents, an Animal Welfare Committee comprising all stakeholders including the complainant shall be formed who shall take a decision on fixing of the feeding points as well as nominating the person/s from amongst the colony care takers to feed the animals in that area. There is also scope for an appeal.

Concluding its judgment the Court stated: “We must also note that the recognition of animal rights also speaks to the concept of standing or locus, thus permitting representative actions on behalf of other non-human living creatures. A recent trend even in this country in some High Courts has been to recognize the vesting of such rights. We mention this only to emphasize that the present 2023 Rules cannot be said to have been enacted in a vacuum. …… If this is the architecture of the 2023 Rules, then clearly there is no issue which remains for us to be decided. There is now a legislative framework which occupies the field…. The vexed question of whether a RWA can be obligated to provide a feeding station or feeding area no longer arises. What remains is the issue of management, which is also taken care of by the Rules because there is a defined procedure.”

The second judgment delivered a week later relied heavily on the Seawoods Estates case, with the judges firmly cautioning the members of the Society from conducting themselves in a manner contrary to the 2023 Rules. “We expect that a sense of belonging and responsibility on such issue needs to prevail between the members of the Society so as to cordially resolve these issues and no confrontation in this regard ought to happen” stated the judges, adding that “to hate the stray dogs and /or treat them with cruelty can never be an acceptable approach from persons of civil society …… such actions would not only be contrary to the provisions of law but also, amount to commission of an offence.”

The Court’s decisions in these two judgments are to be welcomed, as they provide a more inclusive interpretation of the rights of all living creatures on this planet.

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.

Further, Sections 428 and 429 of the Indian Penal Code, 1860, make cruelty to animals a criminal offense. Under the provisions of the Prevention of Cruelty to Animals Act, 1960, injuring, poisoning, relocating, or removing the shelter of animals are all serious offenses.

Guidelines for an individual for feeding stray dogs

Many people now care for ownerless, stray dogs selflessly, feeding them leftovers or preparing food for them, offering them warm dog garments in the winter, and quietly caring for them.

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)], things are not as straightforward as they appear.

Stray dogs are protected under the Prevention of Cruelty to Animals Act, 1960, and rules established under Section 38 of the Act, including the Animal Birth Control (Dogs) Rules, 2001; the Indian Penal Code, Sections 428 and 429; and Article 51A (g) of the Constitution. The Animal Welfare Board of India (AWBI) has issued clear guidelines for pet owners and stray dog feeders.

According to the guidelines:

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. RWAs, also known as Apartment Owners Associations (AOAs), do not have the authority to restrict pet owners’ access to elevators or other public amenities like parks. RWAs and AOAs also have no authority to enact bylaws prohibiting or restricting residents from getting pet dogs or to discriminate based on the size or breed of the dog.

• 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. It’s also worth noting that no sterilized dogs can be removed from their area as per the Government of India’s Animal Birth Control Rules, 2001.
• It is also against the law for vehicles to purposefully injure dogs, cats, or cows on the streets. A person who breaks these regulations can be reported to the local animal protection organization as well as the police. The above-mentioned sections can also be used to file a case. All of the foregoing actions are punishable by a fine and/or a five-year prison sentence.
• The Board also issues instructions for stray dog caregivers, instructing them to use hygienic feeding procedures when feeding strays in public and to avoid feeding strays near children’s playgrounds.
• It advises caregivers to feed their pets late at night or early in the morning when there is little traffic, both vehicular and human.
• Feeding should be done away from densely populated places and caretakers are recommended not to feed street dogs near their own homes or places immediately adjacent to locations where children play and areas where people walk.
• They should also maintain track of dog sterilization and communicate that information with residents. Imparting education to the neighbours should be a continuous effort.

The biggest problem for pet owners and feeders, however, is that the restrictions, while clearly stated, are not adequately implemented. Despite the existence of such stringent laws, many go unpunished as bringing them to justice is difficult. NGOs and people are mostly responsible for enforcing these rules. It is now necessary for an animal lover to be aware of these regulations.

They should guarantee that the rules are followed. They must, on the other hand, exercise prudence and accountability. It is important for pet owners who are encountering hostility, to stand firm in their rights when dwelling in apartments and residences. The law is on their side, and it is up to them whether or not they choose to go the extra mile for their animal companions. However, it is also their responsibility to obey certain restrictions, such as cleaning up after their pets poop in public locations or not letting their dogs run loose in public spaces while keeping in mind the general population.

At awbi.org, you may find the accepted guidelines stated clearly and without ambiguity.

Furthermore, there is no rule prohibiting people from feeding street animals. Citizens/animal welfare volunteers who want to do so are fulfilling a constitutional duty imposed on them by the Indian Constitution: to demonstrate compassion for all living animals. The Animal Welfare Board of India (AWBI), a statutory organization within the Ministry of Environment and Forests of the Indian government, recently issued comprehensive guidelines on stray dog feeding on 3rd March 2021. These guidelines were presented to the Delhi High Court, which upheld them in the case of Citizen for the welfare and protection of Animals and Anr. v. State and Anr.

Guidelines approved by the High Court of Delhi for feeding stray dogs

On the 18th of December, 2009, and the 4th of February, 2010, the Hon’ble High Court of Delhi issued decisions, mandating not only that those street dogs be fed, but also that they are fed to confine them to the areas to which they belong. Animal reproduction control and yearly/annual immunization are made easier by confining them to the areas to which they belong.

The Delhi High Court further said that dogs are excellent guardians and are friendly, intelligent, and faithful companions. The Animal Welfare Board of India’s revised guidelines for feeding stray dogs in the capital has been approved by the Delhi High Court. According to the rules, stray dogs should be fed in areas that are not visited or utilized infrequently by the general public.

Other features of the guidelines include: dogs should not be herded at a specific location for feeding; public causeways, public streets, pedestrian paths, and footpaths should be avoided; common/public areas immediately adjacent to flats/houses should be avoided; feeding should be done at a time when the human population density is at a minimum, and feeding should be done undertaken hygienically and twice a day.

In 2010, the court ordered the Animal Welfare Board to designate locations in various parts of the city where animal lovers may feed the dogs without being harassed by locals. Justice Jain had also asked the Delhi Police to provide security to animal lovers who wished to feed stray dogs, stating that feeding stray dogs is both legal and beneficial. “Feeding dogs makes them pleasant and easier to handle, and residents are free to feed dogs in places determined by the Animal Welfare Board,” stated Justice Jain.

The order was made in response to several petitions filed by Delhi-based animal lovers seeking protection from being threatened to feed stray dogs. Neighbours of the petitioners’ colonies had harassed and intimidated them for feeding stray dogs, so the petitioners approached the court.

The petitioners’ main contention was that it was their legal right to feed stray dogs under the Central norms and guidelines for animal care. They also claimed that caring for stray dogs would make vaccination and sterilization easier, keeping them healthy and reducing their numbers. According to the petitioners’ attorney, it was also their constitutional duty to show compassion to animals.

The Delhi High Court in its rulings issued in 2009 and 2010 has also directed the Delhi Police to safeguard people who feed and care for street dogs, who are frequently targeted by ill-informed, ill-advised residents/administrators of certain areas.

Order of the Hon’ble High Court

On December 18, 2010, the Honourable High Court of New Delhi granted an order for the feeding of stray dogs. “The Animal Welfare Board of India should select, in collaboration with the Residents Welfare Association, Region SHO, and Animal Welfare Organization working in that area, the spots/sites that, in its judgment, would be most ideal for feeding dogs,” according to the opinion. “The Animal Welfare Board of India shall find suitable areas in the colonies, the subject of these petitions, within four weeks from today”, according to the statement. During that time, it will likewise aim to cover as many colonies as possible.”

“The Delhi Police will ensure that no harm is caused to volunteers of Animal Welfare Organizations feeding dogs in these localities provided that they feed them only during hours specified by the Animal Welfare Board and provided further that as soon as suitable sites for feeding the dogs are identified, these organizations will feed dogs only on those identified sites,” the Hon’ble Court ordered.

It is necessary to bring into the record that these individuals and families who adopt stray animals are doing a great service to humanity as they are acting in the aid and assistance of Municipal Authorities by providing these animals with food and shelter, as well as by getting them vaccinated and sterilized. No local municipal authority can successfully carry out its ABC program without the cooperation of such individuals.

The Court went on to say that “the local police and municipal authorities are under an obligation not only to encourage such adoption but also to ensure that such persons who come forward to take care of these animals, particularly community or neighbourhood dogs, are not subjected to any kind of cruelty,” and that “every individual has the right to adopt stray dogs.”

Foods you should and shouldn’t feed to stray dogs

When stray dogs are hungry, they will eat anything, but this puts them at a higher risk of poor hygiene. Here are some foods to consider feeding stray dogs if you want to offer them a healthier supper.

• Roti, rice, boiling potatoes, vegetable oil/ghee:A common human diet is also a good source of nourishment for dogs. The easiest and most substantial meal you can give stray dogs is a mixture of soft-cooked rice, small chunks of boiled potatoes, and a small amount of vegetable oil or ghee in water. Before serving, mince the cooked Rotis well to aid digestion.
• Throwaway meat parts: Cuts not ordinarily consumed by humans, such as chicken feet, goat lungs, and other fish parts, are thrown away like garbage by your local butcher. Consider purchasing a little amount of such meat the next time you’re at the butcher to feed the stray dogs in your neighborhood (they’re inexpensive). As the puppies will still be teething, make sure to cook it correctly and only offer it to older dogs. The cuts can be combined with rice and served as a high-protein meal. In addition, the dog gets the bone.
• Add a pinch of Haldi (turmeric): By adding pinches of Haldi (turmeric) to the rice, you may provide stray dogs with a mouthwatering meal.
• Store-bought dog food: This is another option for stray dogs along with canned dog food and packed meals. This can be served either soaked in water or with boiled rice.
• Water: For all living beings, water is the source of life. If you’re going on a stray dog feeding drive in the summer, make sure you have plenty of water bottles and bowls with you. Keep a water bowl outside your society or house gates so that any wandering stray dog, cat, or other stray animals can drink clean water at least once a day. Ensure that the water bowl is cleaned and maintained daily to avoid the growth of moss or the threat of mosquitoes due to stagnant water.

Foods that you should completely avoid feeding stray dogs

• Chocolate:As chocolate contains the chemical theobromine that is beneficial to humans, but is extremely detrimental to dogs. Theobromine can cause a significant increase in blood pressure in dogs, which could lead to the failure of many essential organs including the nervous system.
• Caffeine:As caffeine has qualities comparable to those found in chocolate, it’s recommended to keep it out of reach of dogs.
• Dairy items:The digestive systems of most dogs are not suited to break down the fat found in dairy products. As a result, they are lactose intolerant, therefore don’t offer them milk or cheesy foods because it could cause difficulties like vomiting and diarrhea.
• Sweetened snacks: As they contain xylitol, an artificial sweetener commonly found in cookies, candies, and chewing gums. Avoid giving such treats to stray dogs since the xylitol in them might cause life-threatening consequences like acute liver disease and blood clotting issues.
• Onions and garlic:As they are so simple to come by, fast meals may appear to be an excellent alternative for feeding stray dogs. However, avoid doing so because such foods may contain onion and garlic mixtures, which when taken by dogs can cause stomach irritation and, in severe situations, red blood cell destruction.
• Alcohol:This is self-evident. Do not feed even the tiniest amount of alcohol to stray dogs.
• Berries:Grapes, cherries, and raisins are examples of berries that contain the artificial sweetener xylitol. As a result, do not feed berries to stray dogs. 

Responsible feeding practices

Participating in dog feeding campaigns is a fantastic method to help feed stray dogs in India. If you’re working on any single project follow these guidelines to learn how to feed stray dogs safely and responsibly.

• Use biodegradable/disposable cutlery: As people mostly serve a lot of food, disposable plates to serve the stray dogs are an excellent option. When the meal is finished, make sure to dispose of the cutlery in the nearby trash can. If you don’t have any, use newspaper pieces and make sure to collect them in a garbage bag once the dogs have finished eating and dispersing.
• Choose a feeding location:Stray dogs’ survival instincts help them in developing a fine knowledge of where and when to go to access food. You may assure a safer and undisturbed feeding habit by choosing a safe location that is somewhat away from your residential location.
• Set a feeding schedule and stick to it:When you start feeding stray dogs in your neighborhood, you take on the enormous duty of ensuring that these creatures are kept in the greatest possible health. Make sure the stray dog does not become reliant on you for food. So don’t overfeed or feed too frequently during the day. Stick to a schedule and feed on that time. The goal of feeding stray dogs is to make them friendly so that they are easier to catch for spay/neuter operations, easy to handle when they are sick or injured, and also for the yearly anti-rabies vaccination.

Set a feeding time, preferably before 7:00 a.m. or after 5:00 p.m., and make sure you are there every day. Breaking the habit could be disastrous since the stray dogs would continue to wait for you despite your absence. Make sure you team up with a family member or friend to feed the dog so that if you are unable to do so due to work or illness, someone else can take over.

• Do not pet stray dogs: When feeding stray dogs, keep in mind that they are not pets. To begin with, you won’t be able to take them all home, and they may not all be adopted. As a result, their lives will be spent on the streets, and they must learn to keep a safe distance from people, as not everyone enjoys dogs. If you make a dog extremely friendly with yourself, the dog may leap on an unsuspecting person looking for attention, and if that person does not like dogs, the dog may scare that person!

As a result, the dog may be kicked, abused, and so on. To avoid such problems, it is preferable not to pet stray dogs or treat them as if they were pets. Keep a safe space between you and them. Feed them and then go. When bringing food, don’t whistle for the dogs to come! many people who feed stray dogs have this awful habit. When the dogs hear the whistle, they know it’s time for food and rush across the road. As a result, there are more accidents and deaths. Leave the food for the dogs in a specified place in a quiet manner. If they aren’t already there, the smell of the meal will entice them to arrive. Treat stray dogs in a way that gives them the confidence and intelligence they need to survive on the streets. Make sure they are not reliant on you in any manner.

• Avoid feeding two stray dog packs at the same time:Dogs are territorial by nature, and this is especially true with stray dogs who tend to congregate in a location they deem ideal for resting. If you’re going on a feeding drive, make sure you choose a location that is confined to one particular stray dog pack. Feeding one pack too near to another could result in unwelcome hostile encounters between the two.

 

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

Animal lovers know too well the challenges of keeping a dog/pet in a housing society. To ensure that community living is not hampered in any way, there are certain pet rules in a housing society that residents must follow. To start off, the Animal Welfare Board of India has passed certain dog laws to ensure our furry companions are not harassed or treated unfairly. Both pet owners and the management must be aware of laws for pet owners living in apartments. These dog laws and awareness about pet rights help to keep the housing society functions smoothly. This article takes an in-depth look at the pet rules in housing society in India.

Pet laws in India for pet owners living in apartments

1. Ban of pets is illegal

The advisory is being issued in pursuance of ‘Section 9(k) Prevention of Cruelty to Animals Act,1960’, 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. According to article 51 A (g), it is the duty of every citizen to have compassion for animals and any living creature.

2. No discrimination allowed

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.

4. Cruelty is punishable

ociety cannot create dog harassment laws. Any cruelty towards strays is illegal under the ‘Prevention of Cruelty to Animals Act. It is also a punishable offence under Section 428 and 429 of the Indian penal code.

5. No ban on feeding

No resident can be barred from feeding stray dogs/cats in the locality.

6. Protected animals

Certain animals like bears, monkeys, and parakeets cannot be trained or used for entertainment under the ‘Prevention of Cruelty to Animals Act’. Most rodents and reptiles are also prohibited under this act.

Role of the management committee 

In view of these bye-laws for pets, society must take care not to violate rules for pets in society. Society can however still create and enforce rules and regulations of keeping dogs to ensure the welfare of the pets and the residents. The following pet guidelines can be implemented by society to maintain peace.

Pet rules in housing society

1. Create time slots

Create time slots when the pets can access gardens, parks, and grounds.

2. Keep vaccination records

The management committee can ask for vaccination and sterilization records in case issues arise in the future.

3. Designate defecation spots

Cordon of areas outside the community premises where the pet owners can take their pets. Furthermore, society can advise pet owners to clean up after their dogs inside society as a courtesy

4. Always accompanied by owners

When out of the house and in the society premises, the apartment association should make sure the pet is accompanied by the owner.

5. Designate feeding spots

If the residents wish to feed strays, earmark feeding spots that are not close to the residential space or children’s play areas.

6. Organise and educate

Educate the residents on animals, especially strays. The management committee can also tie-up with Animal Welfare Organisations to take care of the vaccination and sterilization needs of strays. The strays must be released back into the same locality once the vaccination is administered.

Responsibility of pet owners- rules and regulations of keeping a dog in apartment 

A responsible pet owner is crucial to peaceful community living. While it is important for the pet owner to be aware of the dog laws that keep them safe, they should also be aware of their responsibilities of keeping a pet as a resident in a community. These suggestions should be kept in mind when using common facilities. The following are the rules for dog owners in India.

1. Train your pet

Ensure you give your pet ample obedience training, so the dog does behave untowardly in common areas or gets provoked when amidst other residents.

2. Familiarize your pet

Society is home to many unfamiliar faces. Make sure your pet knows the surroundings he/she resides in and does not harm a stranger or cause a nuisance.

3. Vaccinate on time

All vaccinations must be administered on a timely basis.  For cats, Anti- Rabies and Feligen/TriCat must be renewed every year. Dogs must be vaccinated with Anti-Rabies, DHLPPi, and KC vaccines every year. Medications must be administered in case your pet is suffering from any illness. When your housing society organises vaccination or sterilisation drives for strays, participate and encourage other pet owners to actively take part in the proceedings.

4. Follow the rules of society

Before renting or buying a place, make it a point to go through society by-laws and advisories. Adhere to them to avoid hassling other residents. If your society has dedicated time slots for your pets to access parks and gardens, make sure you stick to them.

5. Clean up after

The main concern that most people have is cleanliness, so make sure your pet is toilet trained. It is advisable for pet owners to clean up after their furry pal, if he/she has an accident inside the society premises, even if it is not required by law. It is also advisable to maintain the hygiene of your pet for their own well-being and so no one is inconvenienced. In case, you feed strays make sure there are no leftovers once the strays have had their fill.

6. Supervise your pet

Even if your pet is well-trained, it is necessary to supervise your pet when in common spaces. Keep your pets on a leash when you take them out for a walk or when they are playing around children to ensure safety. Ensure your pet is not aggressive or hostile towards strays or other animals in the vicinity.

7. Be a responsible pet owner

Make sure your pets get ample exercise, so they are not excessively energetic. If your pet is alone for long hours, make sure she/he has ample food, water, and toys. Make sure they do not create a nuisance in your absence.

What laws govern stray dogs in India?

The Delhi High Court (HC) has 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 as a part of the rules for stray dogs in society. This would be done in order to make sure that residents are safe from any potential harm that could come from these stray dogs.

The court has issued directives to citizens, Resident Welfare Associations (RWAs) and municipal bodies regarding the feeding of stray dogs. The court observed that stray dogs must have access to food and water if there are no community dog feeders in the area. It also stated that the Animal Welfare Board of India (AWBI) and RWAs or the municipality should work closely to create designated feeding spots where humans don’t frequent. This would give the dogs a sense of security as they are territorial in nature.

In addition, the Prevention of Cruelty to Animals Act of 1960, particularly Section 38, provides protection for stray dogs. Dogs cannot be relocated or ejected from their domain in accordance with the Animal Birth Control (Dogs) Rules, 2001. Additionally, the Central Government issued an Office Memorandum in 2006 urging employees to refrain from abusing stray dogs.

However, the Delhi High Court’s judgement was briefly overturned by the Supreme Court in March 2022, largely due to the fact that stray dogs can be fed in housing communities. However, the ban was lifted in May 2022 with the justification that no citizen could be prohibited from providing stray dogs with food or water.

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

RWAs are typically responsible for maintaining the housing society. However, 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, which ends up increasing the stray dog population within the gated community.

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

Our animal companions are an inseparable part of our lives. With a cooperative attitude and thoughtful policies on the part of pet owners, other residents, and management committees, we can ensure the welfare of furry friends and the safety of society.

References

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

 Image-Courtesy-Google

 Reference-On Request

STREET DOG  ISSUE : SOLUTIONS &  STRAY DOG’S  LEGAL RIGHTS IN INDIA