Article 51 A (g)
It is illegal for housing societies to pass pet bye-laws that disallow pets, not even on a majority vote by the residents of the society.
Society cannot create dog harassment laws. Any cruelty towards strays is illegal under the ‘Prevention of Cruelty to Animals Act. It is also a punishable offense under Sections 428 and 429 of the Indian penal code also punishable under section 11 of the Prevention of Cruelty to Animals Act.
Animal Welfare Board of India, Ministry of Environment, Forests and Climate Change, Government of India says:
Resident’s Welfare Associations cannot force any owner or member of an apartment to dislocate the street dogs and also they cannot impose fines on the member or owner of the apartment.
Doing it is an offence and will attract penal actions according to PCA Act 1960 Govt Of India
1. “Despite other tenants being in consensus about not allowing pets in the apartment, a ban on owning pets is illegal and can’t be enforced on tenants.”
2. “They can’t pass any such notice regarding the size or breed of dogs which will be accepted in the apartment, while others are rejected.”
3. “The barking of pet dogs won’t be considered as a valid reason to ban dogs from the apartment. However, pet owners are advised to try their best in keeping their dogs quiet, especially at night.”
4. “Apartment associations can’t pass any laws against pets using the elevators or lifts or impose a fine on tenants whose pets use said elevators or lifts. However, if an alternative lift already exists in the apartment, pet owners are advised to use it for convenience.”
5.“Pets can’t be outright banned from gardens, parks and other public spaces. However, provisions can be made to adjust timings such that they don’t disturb or scare other tenants or kids, or create any inconvenience.”
6. “The owners must follow strict regimes to keep their pets healthy and hygienic. All vaccinations should be administered regularly and adequately. Sterilisation of pets is advised, to keep their population in check.”
7. “Pet owners are advised to participate in the effective cleaning of faeces from their pets while on public premises, methods of which might be suggested by apartment associations.”
8. " No resident can be barred from feeding stray dogs/cats in the locality."
Copyright © 2014 Nandi Sanctuary, a Project of People for Animals International