Pets in apartmentThe Animal Welfare Board of India as part of the Ministry of Environments and Forests, Government of India has issued an updated circular clearly listing bylaws on all pet dogs and street dogs in the country. The latest circular comes into immediate effect bypassing the older circular issued by an equivalent agency on February 1, 2014. The circular offers clarity and insight on detailed answers on various recurring questions regarding the numerous aspects of laws concerning pet and street dogs. CommonFloor presents you the summary of the many points mentioned within the latest circular are as follows.

Bylaws and Rules with reference to Pet Dogs and Pet Owning Residents during a RWA
General Do’s and Don’ts:

Any RWA cannot ban residents from keeping pets even by obtaining a consensus.
The introduction of any kind of a ban on residents keeping a pet can't be introduced albeit majority is in favor of such a ban.
There can't be any discrimination on size of pets allowed within the housing society.
Dog Barking isn't a legitimate reason to impose any pet related ban.
Any ban on keeping pets can't be introduced even after amendment of society bye-laws and regulations.
Banning pets is direct interference with fundamental freedom bound to the citizens as per the constitution.
Any pets and resident owners of the pets not violating any municipal law are permissible to remain within the society or community.
Use of Lift by Pets:

Pets can't be legally disallowed from using lifts as per previous court rulings.
No changes are often imposed on banning of use of lifts by pets.
Courts believe that dogs are like family and must have access to lifts in any society or community.
RWA cannot impose any kind of special charges or fee for pets or their owners for providing lift facilities.
Use of Park by Pets:

Banning pets from having access to garden is brief sighted and pets can show aggression in frustration.
It is better to repair dedicated timeline allowing access to garden/parks for pets.
The timings for access to garden or park for pets are often intimidated to the overall body of the RWA.
Use of Leashes and/or Muzzles:

Pet owners are often requested to stay their pets on leash when in common areas.
Negligent pet owners are often fined if their actions cause any trouble to other residents.
Defection by Pets in Community Premises:

Since there's no central law requiring cleaning of pet excreta, RWA can request pet owners to wash an equivalent .
RAW however cannot impose a fines or special charges on pet owners just in case of pet excreta in common area or community premises.
Pet owners must train their pets to use an equivalent area for excreta every day without causing trouble to other residents.
Intimidation: No RAW or member can intimidate a pet owner into abandoning or abandoning of his or her pet under any circumstances.

Role of Pet owners for prevention of cruelty to animal
According to the constitution of India, an apartment shouldn't ban the keeping of animals in an apartment and therefore the Section 11 (3) states Prevention of Cruelty to Animal Act, 1960. It is also against article 51 A (g) of the Indian Constitution wherein, it is the duty of every citizen to have compassion towards animals, living creatures and improve the natural environment.

Owners should avoid their pets being teased by children et al. . This angers the animal causing untoward instances for no fault of the animal.
The dog owner must confirm that their pet isn't causing any nuisance within the neighbourhood.
Residents keeping livestock or other pets shall abide by the Municipal Sanitary Bye-Laws or Regulations.
Ensure that certain strict rules and regulations are followed in order that nobody is inconvenienced or affected
Even on walks within the premises or in the other common area, the animal has got to get on a leash and amid the owner in the least times.
It is sensible to travel through the principles of residential complexes before renting a flat.
In an apartment block, you've got many people walking in and out, from maids to milkman to children. It is essential to coach the dogs in order that they don’t get provoked on seeing neighbours and workers.
Ensure that your pet doesn't become a nuisance to others
It must be toilet trained and taught some amount of discipline.
Ensure that your pet doesn't cause inconvenience for others.
Ensure that your pet doesn't fight with others pets.
By Laws With Respect to Street Dogs:

Beating and driving away street dogs isn't allowed.
Capturing street dogs for contraception or other medication related measures is allowed but they need to be released back to an equivalent locality.
There is now law barring any Indian resident to feed stray dogs. Feeding is equated as a compassionate feeling and is very supported by the upper courts.
Beating street dogs comes under the animal cruelty at as may be a punishable offence under Section 428 and 429 of the Indian legal code .
Hostility or aggressive behavior which will lead pets to embrace an aggressive behavior isn't allowed