Table of Contents
Rules and Guidelines for
Pet Owners and RWAs
Animal Welfare Board of India (AWBI)
- Animal Welfare Board of India (AWBI) is a Statutory Advisory Body on Animal Welfare Laws and promotes animal welfare in the country.
- Established in 1962 under Section 4 of the Prevention of Cruelty to Animals Act, 1960
- It issues notifications that have detailed list of legalities, guidelines and rules for dog owners as well as RWAs.
Rules regarding BANNING Pets:
- Even if the majority of the residents want it, RWAs or Apartment Owner Associations cannot legally introduce any sort of ‘ban’ on the keeping of pet dogs by residents.
- They cannot insist that ‘small sized’ dogs is acceptable, and ‘large sized’ dogs are not.
- They cannot cite dog barking as a valid and compelling reason for any ban sought to be introduced by you.
- If the residents that have pets are not violating any municipal or other laws, you cannot object.
- The general body cannot frame or amend bye-laws that are at variance with the laws of the country. Even by a complete majority, a general body cannot adopt an illegality.
- Even by amending bye-laws or regulations or otherwise, such a ‘ban’ cannot be put into place since it is illegal, and does not have the sanction of law.
- In fact, in trying to ‘ban’ pets, or limit their number, you interfere with a fundamental freedom guaranteed to the citizens of India, i.e. the freedom to choose the life they wish to live, which includes facets such as living with or without companion animals.
Use of LIFTS by pets:
- Resident welfare associations and apartment owner associations cannot disallow pets from using the lifts and no charges can be imposed by them either.
Use of parks by pets
- Seeking to ban pets from gardens or parks is short-sighted.
- Firstly you may or may not have any manner of right over the garden or park in question.
- Secondly pets that are not properly exercised may exhibit agressive conduct in frustration and that cannot contribute to the benefit of the residents.
- It may be better to arrive by consensus at timing acceptable to all the residents, when pets can be walked without inconvenience to the other residents, these timings can then be intimated to the general body
- Use of leashes / muzzles by pet owners,
- Pet owners are advised to and must leash their pets in all common areas
- However the RWAs cannot insist on the use of muzzles
- Defecation by pets in community premises, imposition of fines and other similar measures:
- In the absence of central or state laws requiring cleaning of pet excreta by pet owners, RWAs cannot impose any rule, regulation or bye-law, with respect to the same, or impose special charges or fines on pet owners.
- They can, however, request them to do so.
Intimidation:
- Please also always bear in mind that if any association succeeds in intimidating a pet owner into ‘giving up’ or ‘abandoning’ a pet, it will actually have abetted violation of law; and may well be aggravating the menace of ownerless animals on the street, that are not accustomed to living on the street and therefore get involved in and lead to accidents, injuries and deaths. Please also bear in mind that intimidation is an offense in law.
Guidelines for pet owners
- Pet Owners should consider their pets as family members.
- They are advised to ensure that their pets are not a source of nuisance to others.
- Barking is natural form of expression for a dog and must and has to be tolerated in the society, however incessant barking can disturb neighbours, hence pet owners are advised to make every effort to keep their dogs quiet, particularly during night hours.
- Owners or the other care givers are advised to clean up when the pet defecates in public premises or participate in other solutions for maintaining cleanliness.
- leashing of pets in public is advisable which not only ensures the safety of passerby but also the safety of pet from being run over by the vehicles on street.
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