The Pet Peeve of RWAs – Animal Laws in India Protecting the Strays & Pets

Compassion for all living creatures has been the philosophy of India - the land of sages. In most Indian households, rural and urban, when people cook, they reserve a portion of the food for cows, dogs, and birds. However, human beings, who by being born as a superior species, consider themselves to be the sole claimant to this planet and its related dividends. Animals have been driven out of their habitats and humans who wish to help them are also targeted and terrorized. There have been innumerable instances where dog lovers have been assaulted by goons masquerading as saviors of the human race.

Animals may be mute but we as a society have to speak on their behalf. No pain or agony should be caused to the animals. Cruelty to animals causes psychological pain to them. Animals breathe like us and have emotions. The animals require food, water, shelter, normal behavior, medical care, and self-determination.

Many building societies in India have biased rules against pets. Pet owners often receive a lot of flak for flouting rules regarding their pets – some feasible and valid, but others, bizarre and illegal.

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Pets are an integral part of modern-day families

In most modern-day families, pets are a part of the arrangement. Now, imagine moving into a new apartment and being told by your Resident Welfare Association (RWA) that pets are not allowed on the premises. While such regulations are sure to disappoint you, many RWAs have been coming up with clauses in their bye-laws, banning pets. While some RWAs resort to imposing a monthly penalty on people keeping pets, some restrict pets from using elevators. Imagine being in a multi-story building with a pet in such a scenario. Back in February 2015, the Animal Welfare Board of India issued a notice with a set of guidelines for pet owners. Under the law, no RWA or any other society associate can discourage a resident from owning a pet. At the same time, the pet owners’ role as a parent is also to ensure that they keep the pet clean and in good health and away from harming others. According to the guidelines, the residents need to be careful about their pets and ensure that they don't harm others. While doing so, they must also distinguish between reasonable and unreasonable, lawful and unlawful claims of their pets creating trouble for others. However, such pressure should not let them abandon their pets as it is an offense under the law. In case an RWA asks a resident to give up on their pet, it will be considered an offense.

RWAs cannot express ridicule against the barking of pet dogs

There could be instances when a pet owner's dog barks, which might not be liked by the neighbors. The guidelines put this noise as a way of expression and must be tolerated. However, pet parents are advised to help the situation as much as possible to avoid inconvenience to neighbors. A pet is your family member and the RWA cannot dictate the kind, the size, or the breed of pets you can keep. It cannot ban any kind of pet stating that 'large-sized dogs are not allowed. Also, even if the majority in a general body meeting of the RWA decides against you keeping your pet, this is illegal.

RWA can put forth reasonable requests

However, the pet owners should discuss with their RWAs ways and means to dispose of pet excreta, etc. The RWA can also allot pet corners and designated areas for such use. Pet owners, caregivers, and dogwalkers must ensure that if the pet defecates on public premises, the owner must ensure cleanliness. “It is clarified that it is for each residential community and complex to decide which method works best for them and solutions cannot be imposed on anybody,” the guidelines read.

No RWA can ask for a penalty or impose a rule or by-law which says that pet owners must clean pet excreta etc. This is because there is no state or Central law which says so. However, pet owners must agree to lawful requests for smooth community living. It is the responsibility of owners to keep their pets healthy and clean. Many neighbors might not like pets and animals, because they may pose to be health hazards if they aren't clean and tidy. Regular vaccinations and sterilization are advisable.

Ensure to leash your pets in public to ensure others are comfortable around them; neither the pet nor others should be victims in an evitable accident. The RWAs, however, cannot insist upon the use of muzzles. There is a strict penalty against negligent pet parents and aggrieved parties can avail of it.

No RWA has the right to debar pets from lifts though owners if asked, could use alternate working lifts if such a service is easily accessible and comfortable. Also, RWAs cannot insist on a fee from you for making your pets use these lifts.

Stray Dogs have the right to food and citizens have the right to feed

Unfortunate as it is, most of the Indian streets are riled with blatant apathy towards animal lives. The callousness in civic societies is far worse – where a handful of humans who care for stray animals is often met with unbelievable ridicule and resistance. It is not that there aren’t animal laws in India – but the ineptness to implement them and the severity of punishment leaves them crippled.

“It is a fundamental duty upon every citizen of India to protect wildlife and have compassion for all living creatures.”–   Article 51A(G), Indian Constitution

Here are some laws put forth in the constitution to uphold the rights of the voiceless and activists who work towards animal welfare.

Prevalent rules for protecting stray dogs

Feeding stray dogs is legal both within and outside any society, and what is prohibited is threatening dog feeders from carrying out their essential obligation under Article 51A(g) of the Constitution of India. The Animal Welfare Board of India has issued extensive guidelines on feeding stray dogs, and there have been numerous judicial decisions protecting dog feeders and caretakers who face the wrath of ill-informed neighbors. 

Stray dogs are protected under the Prevention of Cruelty to Animals Act (PCA), 1960, and rules enacted under Section 38 of the act, particularly, the Animal Birth Control (Dogs) Rules, 2001; Indian Penal Code, sections 428 & 429 and Article 51A (g) of the Constitution of India. Street dogs cannot be beaten, killed or driven away or displaced, or dislocated, they can only be sterilized in the manner envisaged in The Animal Birth Control (Dogs) Rules, 2001, vaccinated, and then returned to their original locations. The stray dogs can be sterilized only when they’ve attained the age of at least 4 months and not before that. Killing, maiming, poisoning, or rendering useless any animal is punishable by imprisonment for up to two years or with a fine or with both, under Section 428 of the Indian Penal Code, 1860.

As per Section 11 (i) of the Prevention of Cruelty to Animals (PCA) Act, 1960 abandoning an animal, leaving it in a situation where it suffers pain due to starvation or thirst, is a punishable offense.

The Delhi High Court states that there are no laws that prohibit people from feeding stray animals. It is a crime to threaten, abuse, or harass neighbors who feed animals. (Section 506)

While the severity of punishment(s) is still not that harsh and needs to be revisited real soon, one can hope that animal laws act as a deterrent to those who try to take the law in hand. We hope that awareness regarding these laws would help people to report and stand up for the animals.