Following incidences of dog bites, several resident welfare organizations in Ghaziabad and Noida are outraged by pet owners and have begun to formulate rules. Pet owners contend that these regulations are unreasonable and unconstitutional, but RWAs insist that residents’ safety comes first.
Here is a look at people’s rights to own pets and to bring legal action if a neighbor’s dog causes them harm.
Can a housing society prohibit pets?
Pet ban is unlawful: Housing societies are not permitted to enact pet bye-laws that forbid pets under Section 9(k) of the Prevention of Cruelty to Animals Act, 1960, even if the majority of society members support it.
Can dog barking be used as justification for restrictions?
Additionally, housing societies are not permitted to use dog barking as a justifiable justification for any proposed prohibition or restrictions. Additionally, it is made plain in the AWBI announcement that dogs’ barking is accepted as a natural form of expression and cannot be used as justification for banning pets in India. However, owners of pets should watch out for barking that disturbs neighbors, especially late at night.
Can RWAs impose restrictions on pet size?
RWAs cannot impose the rule that only “small” dogs are accepted while “big” dogs are not. “They also cannot limit the types of dogs that are allowed” (for example Large dog breeds like Great Danes, Saint Bernard, etc.). In short, it’s illegal to assist in a crime when a pet owner is coerced into giving up their animal.
What additional rules apply to animal cruelty?
The AWBI recommendations state that RWAs and AOAs cannot impose the use of a muzzle.
A violation of the Prevention of Cruelty to Animals Act, 1960, includes keeping an animal in a location that restricts its freedom of movement, placing them in an inadequately sized cage, or failing to provide them the chance to move around at all.
According to SECTION 11(1)(i), it is unlawful to abandon any animal that would otherwise suffer from thirst or famine.
Can an RWA demand that a resident surrenders his pet?
According to the AWBI rules, any organization that is successful in frightening a pet owner into “giving up” or “abandoning” a pet is aiding in the crime. They might be escalating the risk that ownerless animals, which are not used to living on the streets, would cause accidents, injuries, and fatalities.
According to some lawyers, there have also been instances where RWAs have penalized pet owners by reducing maintenance services if they do not pay the fines or penalties imposed by society.
What if a pet dog attacks or hurts someone?
Under Sections 287 and 337 of the IPC, a criminal complaint may be brought if a pet dog bites or otherwise injures a human.
If a pet dog bites a neighbor or another person, the victim must prove that the pet owner was careless, that the dog was not provoked, that it was not leashed, etc.
Can a pet owner face legal action?
If a pet injures someone else, the owner may be prosecuted and punished.
It is possible to initiate both criminal and civil (damages-based) proceedings. You can also file an FIR and a civil lawsuit for damages. People have been found guilty under Section 289 of the Indian Penal Code (IPC), which allows for a maximum six-month prison sentence as punishment. In addition to the IPC, other local laws governing municipal organizations and their operations also call for punishment on this basis.
What is the available treatment for pet owners?
A clear case of criminal intimidation under Section 506 of the IPC exists if the RWA or AOAs have established strict guidelines that are at odds with federal or state legislation and cause a person to give up or abandon his pet.
News Mania Desk
