Pets are considered as human’s best friends as they are loving, caring and loyal. In our country several rights have been granted to pets as well But due to lack of knowledge about those rights, we see many lovely animals being tortured, and we also remain silent on it. There have been several instances where the apartment owners make arbitrary rules for the pets and their owners who live in those societies. There are certain rights of the animals be it pet or stray, one needs to know.
Statutory Rights of Animals
• Article 51 A(g) of Constitution of India states that it is a fundamental duty of every
Indian to protect and improve the natural environment including forests, lakes, rivers and wild
life, and to have compassion for living creatures.
• Section 11(3) in The Prevention of Cruelty to Animals Act, 1960 states that it is illegal for
housing authorities to pass resolution disallowing pets in the societies.
• As per the guidelines of Animal welfare board of India, banning pets will be equivalent to direct intrusion into fundamental right to life of citizens that is granted to them by the constition of India.
Recent Judgment : Mr.Ajay Madhusudan Marathe vs New Sarvodaya Chs in consumer complaint no. 160/2008
“Consumer Court Delhi Ruled this ruling in favor of a complainant in consumer forum who was bared to use lift with his pet by the society, because of the lame excuse given by the society authority that, if dog uses the lift it will spread diseases, but with great excellence of judgment the court gave relief to the pet owners as a consumer of co-housing society he can use the facilities with the pet. Only thing pet should be vaccinated and recognized by kennel club of India License.”
Pets can’t be stopped from using lifts and parks.
The law clearly states that pets can't be stopped from using lifts and parks of the society. Although it is important for the owner of pets to teach them lift etiquettes so that they do not cause inconvenience to others. The pets can't be stopped from using parks. Most of the societies now a days have dedicated hours of parks for the pets. Cleanliness is very important for the pets as it becomes the major bone of contention to other residents of the society. Owner should make sure that the pet is vaccinated and properly cleaned.
- Devesh Tripathi