Animal Rights: In recent years, an increasing number of urban and nuclear households have chosen to take domesticated pets. Such as cats and dogs into their homes in densely populated housing societies. The purpose of this article is to provide light on how to resolve issues between animal lovers/pet owners and other members. Housing societies where pets are maintained in relation to the regulations that regulate them. While most pet owners consider their dogs and cats to be members of their families. They must also guarantee that their domesticated pets do not create a nuisance or annoyance to others in their Housing Societies or neighbourhood.

 

 

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What we covered

• What are the Pet Rules in Housing Societies?
• Social Rules for Pet Dogs
• A Few Pet-Related Sections of Housing Society Rules
• Animal Breeding Control Regulations of 2001
• The Animal Cruelty Prevention Act

 

The caring care of animals has long been a high priority in traditional Indian society. “The grandeur of a nation and its moral growth may be assessed by the way its animals are treated.” Remarked Mahatma Gandhi, the nation’s father.

 

Animal Rights: What are the Pet Policies in Housing Corporations?

Many housing societies have created regulations for pets in society that members who house their pets in their houses must observe. These laws control the housing of pets and the feeding of strays on society property. However, a few housing societies are ruled by misguided. And authoritarian Office Bearers or outspoken society members who fiercely oppose the keeping of pets in members.’ Houses as well as the feeding of strays in and/or around their housing societies. This frequently results in disagreements between animal enthusiasts and people who are opposed to animals in general and pets in particular.

 

Animal Rights: Pets in Apartments: Supreme Court Order:

The Supreme Court of India has even held and interpreted provisions of the Prevention of Cruelty Act, holding that “the right to live in a healthy and clean environment, as well as the right to receive protection from human beings against inflicting unnecessary pain or suffering is a right guaranteed to animals,” and our courts have championed this cause and upheld these in countless cases, both reported and unreported. Not only have several laws recognised the well-being and care of animals, but the Indian Constitution itself does as well.

The Animal Welfare Board of India (AWBI) has even issued a set of rules related to pets and stray animals, however they are only guidelines and are not legally binding. While there are no specific laws governing the treatment of domesticated animals in housing societies, there are several laws in our legal framework that regulate and guide our treatment of animals, including Articles 21 and 51 A (g) of the Indian Constitution, the Indian Penal Code, Animal Birth Control Rules, the Prevention of Cruelty to Animals Act, and others.

Animal Rights

Our Constitution safeguards life, and our courts have broadened the concept of “life” to include any disturbance to the fundamental environment of all kinds of life, including animal life, as defined by Article 21 of the Constitution. Our Supreme Court has ruled that “life” refers to more than only survival, existence, or utilitarian usefulness for human beings, but also to living a life of inherent worth, honour, and dignity.

 

Animal Rights 

• It is the basic obligation of every citizen of India, according to Clause (g) of Article 51A of the Indian Constitution. “To have compassion for living beings.” Which entails care for their pain, sympathy, kindness, and so on.
• Article 51A of the Indian Constitution states that it is the responsibility of every citizen to cultivate humanism. Which includes sensitivity to other species.
• In a recent ruling, the Uttarakhand High Court deemed animals to be juristic people and granted them the status of legal persons or entities.
• Animals’ well-being and care are also recognise under the Prevention of Cruelty to Animals Act (PCA) and the rights enshrined therein. The right to dignity and fair treatment does not just apply to humans. But also to animals. The right to food and shelter is likewise protecte under the Act.

“The single worst thing you can do to an animal emotionally is to make it feel terrify.” Temple Grandin and Catherine Johnson write in their book “Animals in Translation.” “Animals likewise have a right against human beings not to be torture and against. The imposition of undue pain or suffering.” The Supreme Court of India has stated. Research studies and data obtain by the Humane Society and other sources on Domestic Violence and Child Abuse cases suggest that a stunning number of animals are targeted by individuals. Who abuse their children or spouses. Which is distressing but not surprising.

One of our state’s High Courts even declare that all animals have dignity and are entitled to legal protection. Humans are the protectors of the animal kingdom and are hence responsible for their well-being and medical treatment.

 

Animal Rights: Society’s Rules for Pet Dogs

Our courts have found that the penalties for violating these animal care and protection regulations are frequently insufficient in comparison to the seriousness of the offence. The Thane Consumer Court recently found in favour of a tenant who claimed that the Co-op Society. Where he lived had issued a resolution prohibiting dogs from using the building’s elevators. In that case, the society claim that the dog was not a consumer and that its use of the elevator may lead to the spread of illnesses. Thus they should be barred from using the society’s facilities.

The Court rule that the Complainant (owner), as a member of the Co-op housing society. Was a consumer who had every right to file a complaint with the Consumer Court and be compensate for the mental anguish and harassment he had suffere as a result of the society’s actions.

In another case, the Maharashtra State Consumer Disputes Redressal Forum ruled in favour of a person who was charge Rs. 500 per month for each of his dogs to use the lift in his building, holding that because pets are members of the modern. Urban family, no charge can be impose on him for their use of the lift. When a variety of “outsiders” such as vegetable sellers, delivery men. And others utilise the building infrastructure and, in particular. The elevators/lifts on a daily basis. The Forum concluded that the society’s decision to charge residents’ dogs for elevator/lift usage was improper.

 

Animal Rights: Society’s Rules for Pet Dogs

Our Courts have ruled that prohibiting pet owners from using the lift (especially in buildings with only one lift) or other common amenities. Such as gardens and parks in the society. punishing pet owners for any noise, including barking. And discriminating against pet dogs based on breed and size are all unjustified.

Even if a majority of a Society’s members desire to prohibit or remove a pet owner or an adopted domesticated pet animal. They cannot do so arbitrarily. A Housing Society has fined a person Rs. 2,500 per day for feeding stray canines on the premises. The Housing Society said that the dogs were violent, barking at older residents and children. And that many of its members had been mauled by female dogs after giving birth. They stated that a majority of society members had voted in favour of imposing penalties for feeding dogs on society property.

Society’s Rules for Pet Dogs

In this case, the Deputy Registrar of Housing Societies ordered the housing society to overturn its decision to fine a member for feeding stray dogs. And even advised the housing society to seek advice from the AWBI on the subject of feeding stray animals.

While there are laws in place to protect domesticated animals and animal lovers, pet owners must also take certain precautions. Such as mandatory vaccinations for their domesticated pets, cleaning up after their pets, disposing of their pets’ waste. Keeping their pets on a leash in public areas such as gardens and passages. And other such safeguards to prevent pets from attacking residents, particularly children. Some communities have even enacted pet licencing legislation. All pet owners in Mumbai should obtain a valid licence for their pet. According to Section 191A of the Mumbai Municipal Corporation Act 1888, since a tax on pet owners is collected accordingly.

To summarise, the interpretation of existing laws does not only apply to pet owners and animal lovers. But also to anybody who obstructs or attempts to injure these pets/animals and/or their caretakers/guardians.

 

Some Pet-Related Sections of Housing Society Rules

• No one shall be deprive of his life or personal liberty except in accordance with the procedures provided by law.
• “(g) to safeguard and develop the natural environment, including forests, lakes, rivers, and animals. And to show compassion for living beings,” according to Article 51A.

 

Animal Rights: Indian Penal Code:

428 : Mischief caused by the death or maiming of a ten-rupee animal. Whoever causes harm by killing, poisoning, maiming, or rendering useless any animal or animals worth ten rupees or more. Is punishable by imprisonment of either sort for a time up to two years, or by fine, or by both.

429: causing mischief by murdering or maiming cattle, sheep, or other animals worth fifty rupees. Whoever causes harm by killing, poisoning, maiming, or rendering useless any elephant, camel, horse, mule, buffalo. Bull, cow, or ox, or any other animal worth fifty rupees or more. Will be punish by imprisonment of any sort for a time up to five years, or by fine, or both.

 

Animal Rights: 2001 Animal Birth Control Regulations

No sterilise dogs can be move from their current location. The housing society can ask an animal welfare group to sterilise and vaccinate a dog. That has not been sterilise, but they cannot transfer it.

Section 3 of the Prevention of Cruelty to Animals Act states. “It shall be the obligation of every person having the care or charge of any animal to take all reasonable efforts to ensure the well-being of such animal. And to avoid the inflicting of undue pain or suffering upon such animal.”

 

 

 

 

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