Dog rules - Bangalore Mirror

Tue, Feb 25, 2014 MUMBAI MIRROR

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Dog rules
By Tapasya Mitra Mazumder, Bangalore Mirror Bureau | Feb 23, 2014, 01.00 AM IST
Animal Welfare Board of India issues a circular which says, among other things, that banning of
pets by housing societies is illegal
This city, when it comes to dogs, can be classified under the banner 'you can hate it, love it, but never
ignore it'. The Animal Welfare Board of India (AWBI) has recently issued a formal circular stating that
apartment complexes cannot disallow residents from keeping pets in their homes. Though it says
'pets', it is primarily dogs that we are talking of here.
The circular, issued on February 1, following an outcry from pet owners, states that even after
obtaining a consensus from other residents, associations cannot impose a ban on a resident for
keeping a pet or evict them for the same reason.
"Even by amending bylaws or regulations or otherwise, such a 'ban' cannot be put into place as 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, that is, the freedom to
choose the life they wish to live, which includes facets such as living with or without companion
animals," the circular, a copy of which is with Bangalore Mirror, said.
Dr Chinny Krishna, vice-chairman, AWBI, said, "The circular was drafted after we received some
complaints and it would certainly give people who have pets and are being threatened, some sort of
government backing. That is the whole purpose of this circular and any intimidation to pet owners
into giving up or abandoning their pets is a violation of law."
Chinthana Gopinath, founder, Pupcakes, who works closely with CUPA to give people dogs for
adoption, said, "A woman adopted a dog from CUPA and, within a month, her apartment association
started creating problems for her. A notice was plastered on her door, but she fought back with the
Deepthi & Srivatsa step out of their apartmentelevator
with their dogs, Dinda and Chilli
right documents including copies of several court rulings."
Anjali Sharma, executive committee member and legal advisor, AWBI said they have revised the circular dated Feburary 1, and released another version
on February 20 following a demand from the general public to elaborate on a few points. "We have stated clearly what RWAs, housing cooperative
societies, apartment owners' associations and other gated communities can do or cannot do."
The circular also states that separate defecation areas can be created for pets. The owner can be requested, but not forced to clean up after them. It
specifies that while RWAs cannot ban pet owners from using public parks, they should rather fix a time when pets can be walked without causing other
residents any worry because "pets that are not properly exercised may show aggression and frustration; and that surely cannot contribute to the benefit of
the residents."
AWBI rules for pet-owning residents Even after obtaining a consensus, RWAs and apartment associations cannot ban residents from keeping
pets. Societies cannot insist that small-sized dogs are acceptable nor they can cite dog barking as a valid reason for a ban.
Even by amending bylaws or regulations or otherwise, a ban cannot be put into place because it is illegal, does not have the sanction of law and
violates a fundamental freedom guaranteed to the citizens of India.
If the residents are not violating any municipal or other laws, apartment associations and RWAs cannot object and bylaws that are in variance with
the laws of the country cannot be framed.
There is a court ruling to the effect that pets cannot be disallowed from using lifts/elevators and no charges can be imposed either for the use of
lifts/elevators by pets.
Pets cannot be banned from using public parks, but rather a timing can be fixed for owners to walk their pets.
Pet owners can be requested to keep their pets on leash when walking in common areas, but muzzles cannot be sought.
In the absence of central or state laws requiring cleaning of pet excreta by pet owners, the same cannot be imposed as a rule, regulation or bylaw, with
respect to mandatory cleaning of excreta, or special charges or fines imposed on pet owners. They can, of course, be requested to do so.

WHAT THEY SAID

Alli Kumar, School teacher I am very scared of dogs and cannot stand their smell. I do not want to stay in an environment that is replete with fear
and is also unclean to a certain extent. I do not lease my house to tenants with pets because dog owners often think it is their right to let their dogs poop
in front of their neighbours' houses rather than in their own backyards or gardens. The owner ends up being ostracized by neighbours for allowing the
tenant to do so.
Sachin Shaji,Lawyer My parents stay in an apartment where pets are banned. However, a neighbour decided to get a pug and I was forced to file a
complaint with the society after repeated requests to keep the dog indoors failed. Keeping a dog in the common area is not the right thing to do. Even
the tamest of them bark, plus they have a distinct smell not everyone likes. Also, not everyone is comfortable with a dog's natural behaviour -- traits
like licking or climbing a person's leg. If left unleashed in common corridors, a dog could startle people, even resulting in a fall, especially if it's a senior
citizen.
Deepthi Srinivas, Interior designer I was living in an apartment complex in Nagarbhavi. My owner never had any problem with tenants who
had pets. But last year, the RWA of that apartment called me to convey that I had to vacate the house as they were not willing to take any tenants with
pets. I had to vacate the house within a month as they had even put up a notice stating owners could not rent their places to people with pets.
Namita Mitra (Name changed) We got a dog from CUPA last year and, within a month, we got a letter from the owners' association asking us not
to keep pets. But we took it up in the correct manner with necessary documents such as court rulings etc after which they backed off. My husband also
wrote to the joint secretary at AWBI who stated it was illegal to ask a tenant or owner to let go of their pets.

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