NEWS & OPINIONS
Can Housing Societies Ban Pet Dogs? Pet Laws in India
With pet parenting on the rise in our country, a fundamental question has emerged - can housing societies ban pet dogs? Pet parent & lawyer Mridula I answers.
Table of contents
In the past few years, the number of people keeping pet dogs has increased in our country. However, it has become more common in apartment complexes only recently. Unfortunately, this has also led to increased conflict in such complexes and societies over pets being permitted in apartments, usage of common spaces, rules pertaining to pet dogs, etc. Many pet parents have faced bans, fines, and harassment from their residents’ associations, management committees, etc. over keeping pets at home. The first step in tackling these situations is awareness of pet dog laws in India.
Can housing societies ban pet dogs or ban certain breeds of dogs?
No, whether you are a tenant or an owner, no Resident Welfare Association (RWA) or Managing Committee of a co-operative society, can ban you from owning a pet, irrespective of the breed, size, or number. Even by majority, they cannot frame any rules, by-laws, or regulations that are against keeping pets.
Your society members, residents, homeowners, or associations cannot demand you to vacate your residence or abandon your pet. Neither can you be harassed, nor restricted from keeping pets for reasons such as defecation or barking (which is recognized even by the AWBI guidelines as a natural form of expression).
Your right to live with companion animals is guaranteed under Article 51A(g) and Article 21 of the Constitution of India. As long as you are not violating any municipal laws, no one can object to you having pets.
Moreover, please note that abandoning your pet is a violation of the law and those intimidating you to do so will be abetting a violation of the law. Intimidation is an offence in law, for which you may file a complaint at the relevant police station.
Your society members, residents, homeowners, or associations cannot demand you to vacate your residence or abandon your pet. Neither can you be harassed, nor restricted from keeping pets for reasons such as defecation or barking (which is recognized even by the AWBI guidelines as a natural form of expression).
Your right to live with companion animals is guaranteed under Article 51A(g) and Article 21 of the Constitution of India. As long as you are not violating any municipal laws, no one can object to you having pets.
Moreover, please note that abandoning your pet is a violation of the law and those intimidating you to do so will be abetting a violation of the law. Intimidation is an offence in law, for which you may file a complaint at the relevant police station.
What pet dog laws in India can help if you face discrimination or harassment?
The Animal Welfare Board of India (AWBI) is a statutory body which has issued detailed guidelines concerning pet dogs for RWAs. If you are being harassed or discriminated against because of keeping pets or are being intimidated to vacate your residence or abandon your pet, you should first try highlighting your rights and those of your pets under the AWBI guidelines.
If there is no respite and your society or RWA has made rules in contradiction to applicable laws and guidelines, you should file a complaint with the Registrar of Societies of your state and with the AWBI on either of the phone numbers (0129-2555700/09650609880) or email support-awbi@gov.in.
The Registrar has the authority to ask the management committee to ensure that society rules and by-laws are framed only within the scope of the laws applicable to it. The AWBI has the authority to ensure that both the managing committee as well as any other member act within the prescribed AWBI guidelines and laws protecting animals.
It is also advisable to reach out to your local police station, the ward office of your municipal corporation and your local NGOs in parallel. They would have likely handled similar situations in your area and might either help you in solving the problem or guide you to the right person.
It is important to note that as pet parents, we also have a moral obligation towards the societies we live in. We should follow certain pet rules and etiquette to make it more comfortable for others to accept pets as an integral part of our societies and communities.
If there is no respite and your society or RWA has made rules in contradiction to applicable laws and guidelines, you should file a complaint with the Registrar of Societies of your state and with the AWBI on either of the phone numbers (0129-2555700/09650609880) or email support-awbi@gov.in.
The Registrar has the authority to ask the management committee to ensure that society rules and by-laws are framed only within the scope of the laws applicable to it. The AWBI has the authority to ensure that both the managing committee as well as any other member act within the prescribed AWBI guidelines and laws protecting animals.
It is also advisable to reach out to your local police station, the ward office of your municipal corporation and your local NGOs in parallel. They would have likely handled similar situations in your area and might either help you in solving the problem or guide you to the right person.
It is important to note that as pet parents, we also have a moral obligation towards the societies we live in. We should follow certain pet rules and etiquette to make it more comfortable for others to accept pets as an integral part of our societies and communities.
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