Housing Society Pet Rules: Understanding Owners’ Rights and Duties in Residential Communities

Our homes and lives would not be the same without our dogs. We must get knowledgeable about Indian animal legislation in order to ensure that this home is a secure and contented environment for them. 

To prevent cruelty and abuse, the Indian government has established regulations and rights for pets and homeless people living in housing societies. Let’s examine the rules governing pet ownership in housing societies, the duties of pet parents and the management committee’s policies for animal protection.

What are the Pet Rules in Housing Societies?

The rules that many societies have constituted thus govern the keeping of pets and their feeding in the dwellings of their members. Some other societies, however, are ruled by misguided and autocratic office bearers or loud vocal members of the society, who oppose their members keeping a pet at their homes and/or feeding stray animals in and/or around their society. 

Hence, this creates a situation where the animal/pet lovers encounter each other in conflict on the one hand and those who are against animals in general and pets in particular in their buildings on the other.

Supreme Court Order on Pets in Apartments

Even the Supreme Court of India has interpreted the Prevention of Cruelty Act and held that – “Right to live in a healthy and clean atmosphere and right against infliction of unnecessary pain and suffering through human beings is a right guaranteed to the animals.” 

Such matters have been championed and upheld-by the court in numerous cases, both reported as well as unreported. Animal well-being and Animal welfare are statutorily recognised not only under various laws but also in the Constitution of India itself.

Guidelines regarding pets and stray animals are strengthened through the Animal Welfare Board of India (AWBI), but guidelines being voluntary cannot compel action. 

While no law exists to regulate the treatment of domesticated animals in a housing society, there is a lot of law in our legal framework that governs and guides us in the way we interact with animals, such as Article 21 and Article 51 A (g) of the Constitution of India, The Indian Penal Code, Animal Birth Control Rules, Prevention of Cruelty

• Every Indian citizen has this prime duty under Clause (g) of Article 51A: “to have compassion for living creatures.” This means “responsibility in understanding, suffering, sympathy, kindness, etc.” The non-restrictive explanation of Clause (h) regarding Article 51A makes it the major objective of every individual in the country to develop humanism, that is, sensibility for others species as well.

• Animals under development by the Uttarakhand High Court recently. They were accorded the same status as legal persons or entities by the court of law. The Prevention of Cruelty to Animal Act (PCA) gives statutory recognition to Animal welfare along with well-being rights under it. 

Rights to dignity and fair treatment are not for human beings alone but for animals as well. Rights to getting food and shelter are also insured under this Act.

Making an animal feel terrified is the worst thing you can do to it emotionally, according to Temple Grandin and Catherine Johnson’s work on “Animals in Translation.” “Animals also have a right against human beings to not be tortured and against the infliction of unnecessary pain or suffering,” the Supreme Court of India has even noted. 

The fact that a startling number of animals are targeted by people who abuse their spouses or children is concerning but not surprising, according to research studies and data gathered from the Humane Society and other sources on occurrences of domestic violence and child abuse. 

Laws and rights for pets and streets dog living in societies

This section can help dispel some of the misunderstandings about the regulations governing pets and stray dogs in various societies.

In order to stop animals from enduring needless pain or suffering, the Prevention of Cruelty to Animals Act of 1960 was created. The act is made up of a number of laws that safeguard animals’ rights from abuse. The following guidelines for pets and community animals in housing societies were set by the Animal Welfare Board of India, which was also created under this act. 

Pet Laws in India

1. Ban of Pets is illegal:

Advice is provided in terms of “Section 9(k) Prevention of Cruelty to Animals Act, 1960,” which renders a housing society incapable of making bye-laws forbidding pets even with the approval of the majority of all society members. Article 51 A (g) sets out that every citizen has this responsibility towards animal beings and other living beings.

2. Non-discrimination:

There is no housing society that can prohibit dogs or pets on grounds of breed or size of the animal. Even issues of barking cannot be used as justification to impose a prohibition on pets.

3. Common areas:

A housing society shall not block the usage of common areas by pets, such as elevators and parks and even for that, collect fines or charge additional fees.

4. Penalty for cruelty:

Society cannot create dog harassment rules. “Prevention of Cruelty to Animals Act” punishes all such acts against stray animals. Furthermore, it is a punishable offense by Sections 428 and 429 of the Indian Penal Code.

5. No Ban on Feeding:

No resident shall be prohibited from feeding stray dogs or cats in the neighbourhood. 

6. Protected animals:

The training or use of certain animals, including bears, monkeys and parakeets, for the purpose of entertainment by the “Prevention of Cruelty to Animals Act” is prohibited. Similarly, this law prohibits training or uses for entertainment purposes the majority of rodents and reptiles.

General rules by Animal Welfare Board of India

• According to pet-related bylaws, no housing society has the authority to prohibit its members from owning dogs.
• Society cannot impose any kind of prohibition. The General Body meeting’s resolutions will be deemed void as well. Society cannot enact any kind of pet prohibition by changing the pet-keeping bylaws.
• Pets are permitted in the apartment of the licensee, who is the subtenant.
• It is impossible for society to discriminate against pets.
• Pet bans cannot be justified based only on dog barking.
• According to the constitution, Indian citizens are entitled to the fundamental freedom of owning pets at home. 
• Pet owners who do not break any municipal laws are allowed to remain in the housing society and retain their animals in their apartments.

Use of lift by pets

• Pets are not prohibited from utilising building elevators. According to a court decision, pets and dogs are family members and should have access to elevators in any community.
• Members who use a lift for their dogs cannot be subject to additional fees or penalties from the Housing Society.
• Society has no authority to make any changes in this area.
• Pets are allowed to use the society elevator because courts view them as members of the family.

Bye-laws related to Street dogs

• It is forbidden to beat and chase street dogs away.
• It is acceptable to use street dogs for birth control or other medication-related purposes, but they must be returned to their original location.
• Indian citizens are not prohibited by law from giving food to stray dogs. The upper courts approve the humanitarian practice of feeding stray animals.
• According to sections 428 and 429 of the Indian Penal Code, beating street dogs is illegal and is punishable under the Animal Cruelty Act.

Rules for Pet Dogs in Society

Courts have said that the punishment for violation of such animal welfare and protective legislation is not proportionate at all with the seriousness of the offence. The consumer court in Thane (Maharashtra) recently decided in favour of a resident against the Co-op Society where he resided, which passed a resolution preventing a member’s dogs from using the lifts of the building. 

In that case, the society had asserted that a dog was not a consumer and that its using the lift could spread diseases and therefore they are not allowed to use the premises of the society. The court, however, ruled that since the Complainant (owner) was a member of the Co-op housing society, he was a consumer and well within his rights to approach the Consumer Court with his grievance and therefore entitled to compensation for mental agony and harassment by the society.

In another case, the Maharashtra State Consumer Disputes Redressal Forum held against a Complaint in favour of a person who had been charged Rs. 500 per month for each of his dogs to use the lift in his building. The Forum held that pets being members of the modern urban family can levy no fee on him for using the lift for his dogs. 

The Forum also observed that several types of “outsiders” such as vegetable vendors, delivery men, etc. regularly employ the infrastructure of the building as well as the elevators/lifts in particular and therefore concludes that the society’s decision to levy charges on residents pets with regard to the same, was inappropriate. 

According to this, even denying the pet owners the use of lift facilities (most of the cases having only one lift in the whole building) and other common amenities in garden or park in the society will incur penalties to the pet owners for noise of any kind including barking.

Responsibilities of Pet Owners in Housing Societies

When it comes to pet ownership, the Bangalore Apartments Federation (BAF) suggests that apartment complex rules and bylaws be kept simple. The bylaws of an apartment association may contain the following clauses on pet ownership:

It is mandatory for pet owners to keep their animals on a leash and in their presence when they are not at home. Residents are expected to immediately clean up the area if their pet inadvertently urinates in a common area. Pet owners are required to ensure that their animals are regularly vaccinated and to abide by all BBMP rules.

The BAF recommends against enacting any additional rules pertaining to apartment pet ownership. 

Some Relevant Sections of Housing Society Rules for Pets

Constitution of India

• 21: No person shall be deprived of his life or personal liberty except according to procedure established by law.
• 51A: It shall be the duty of every citizen of India – “(g) to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.”

The Indian Penal Code

• Section 428: Mischief by killing or maiming animal of the value more than ten rupees. Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten rupees or upwards shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.

• Section 429: Mischief by killing or maiming cattle or other animals of any value or any animal of the value over fifty rupees. Whoever commits mischief by killing, poisoning, maiming or rendering useless any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof or any other animal of the value of fifty rupees or upwards, will be punished with imprisonment of either description for a term which may extend to five years or with fine or with both.

Animal Birth Control Rules 2001

It is not possible to move sterile dogs out of their region. The housing society can request that an animal welfare organisation vaccinate and sterilise a dog that has not been sterilised, but they are unable to move the dog.

Prevention of Cruelty to Animals Act

Section 3

• Duties of persons having charge of animals: It shall be the duty of every person having the care or charge of any animal to take all reasonable measures to ensure the well-being of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering.”

Section 11 

Treating animals cruelly:

1. If any person

(a). beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes or, being the owner permits, any animals to be so treated; or

(b). 13 [employs in any work or labour or for any purpose any animal which, by reason of its age or any disease], infirmity, wound, sore or other cause, is unfit to be so employed or, being the owner, permits any such unfit animal to be so employed; or

(c). wilfully and unreasonably administers any injurious drug or injurious substance to 14 [any animal] or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by 14 [any animal]; or

(d). conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering; or

(e). keeps or confines any animal in any cage or other receptacle which does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement; or

(g). being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement; or

(h). being the owner of 15 [any animal], fails to provide such animal with sufficient food, drink or shelter; or

(i). without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst; or

(j). wilfully permits any animal, of which he is the owner to go at large in any street while the animal is affected with contagious or infectious disease or, without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street; or

(k). offers for sale or, without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment; or

(l). mutilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections in the heart or in any other unnecessarily cruel manner; or;] 

(m). solely with a view to providing entertainment

(i). confines or causes to be confined any animal (including the tying of an animal as a bait in a tiger or other sanctuary) so as to make it an object of prey for any other animal; or

(ii) incites any animal to fight or bait any other animal; or]

(n). organises, keeps, uses or acts in the management of, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes; or

(o). promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting; he shall be punishable, 19 [in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months or with both.

2.  For the purposes of subsection 

(1). an owner shall be deemed to have committed an offence if he has failed to exercise reasonable care and supervision with a view to the prevention of such offence: Provided that where an owner is convicted of permitting cruelty by reason only of having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine.”

Pet rules in the housing society

1. Set Up Time before Access to Gardens and Parks by Pets

Time slots would be allocated for the access of pets to gardens, parks and grounds.

2. Maintain Vaccination Records

Management may request for such records from pet owners as vaccination and sterilisation certificates, in case of any arising problems in future.

3. Identify Defecation Locations

Mark off areas outside the community premises for pet owners to take their pets to. However, society may request that pet owners also clean after their dogs inside society.

4. Always Accompanied by Owners

The apartment association shall ensure the presence of the owner when outside his house or in the society premises with the pet.

5. Feed location earmarking

It would be prudent to earmark feeding locations for residents who wish to feed the strays and ensure these are not too close to the areas of residential space or children’s play.

6. Organise and educate 

Educate residents on animals, especially strays. Management committees should partner with Animal Welfare Organisations to further the vaccination and sterilisation needs of stray animals. An important tenet of ethical treatment of animals is to return the strays back to the same locality after vaccination.

Responsibility of pet owners in the housing society

A careful pet owner is essential to a tranquil neighborhood. Although it is crucial for pet owners to understand the rules pertaining to dogs that protect them, they should also understand their obligations as community members who own pets. It is important to remember these recommendations when use shared facilities. The guidelines for dog owners in India are as follows.

1. Train Your Pet

Give your pet enough obedience training, so that the dog does not behave badly in public or gets provoked when among other residents.

2. Acquaint Your Pet

Society contains many unknown faces. Make sure that your pet is well acquainted with his/her surroundings where he/she lives, so as not to harm any stranger or be a nuisance to others.

3. Vaccinate on Time

Every vaccination has to be done in time. For the case of cats, Anti- Rabies and Feligen/TriCat must be renewed once every year. Dogs must get their Anti- Rabies, DHLPPi and KC shots each year. If your pet is ill, medications must be given. Attend and persuade other pet owners to be an active member of these drives when your housing society organises vaccination or sterilisation campaigns for strays.

4. Follow Society Rules

Before you rent or buy a place, make it a point to go through society bylaws and advisories related to that particular society. Follow them to spare yourself a great deal of trouble with the other residents. If there are specific time slots for your pets to access parks and gardens, make sure you stick to them.

5. Clean After

The main concern most people would have would probably be cleanliness: toilet-train your pet. It is advisable for pet owners to clean up after their furry pal, if he/she has an accident inside the society premises, even though it is not required by law. It is also advisable to maintain the hygiene of your pet for their own well-being and so that no one is inconvenienced. Otherwise, in case you feed strays, make sure that there are no leftovers after feeding from an accidental feed.

6. Keep An Eye on Your Pet

Cleanliness is the main concern mostly, so make sure your pet is toilet trained. It is advisable for pet owners to clean up after their furry pal, if he/she has an accident inside the society premises, even if it is not required by law. It also advisable to maintain hygiene of your pet for his/her well-being and inconvenienced also. If feeding strays, ensure it tidies up after strays have eaten.

What is the role of an RWA in maintaining a gated society with stray dogs?

They generally appear to be the housing association responsible for managing facilities within the particular society. Yet, they generally do not know how to control stray dogs in that place. One significant reason is that they feed so many stray dogs within the gated community. 

Under the HC order, it is up to RWAs to spread awareness for this issue. Such awareness programs can also include adopting Animal Birth Control (ABC) schemes for sterilisation in association with AWBI. Besides, the very latest draft of ABC for 2022 focuses on vaccination and calls for developing committees overseeing stray animals in societies. 

Once this draft becomes legislation, the role of the RWAs will be its activities toward ensuring peaceful cohabitation between man and beast.

Our animal companions form an intrinsic part of our lives. If a proper mindset makes pet owners, other residents and the management committees to think, it can help maintain the friendship concern for furry friends while ensuring the community is safe.

Conclusion

Being rules in pet housing societies, these form an important balance between pet owners’ rights and the well-being of animals concerning the rest of the residents. Though there is no single exhaustive law to regulate pet keeping in these societies, there exist various legal enactments including constitutional rights and statutes on animal welfare that provide strong safeguards for the humane treatment of pets and other stray animals. 

The Animal Welfare Board of India guidelines and various judicial pronouncements further tilt the balance in this respect by proclaiming that pets are family members and therefore deserve legal protection from cruelty and uncalled-for restrictions.

Fair and transparent pet policy should be embraced by the housing societies for encouraging responsible pet ownership in the community together with a kind attitude towards all earthly inhabitants. There can be a peaceful coexistence between pets and common people within their societies if they cooperate, enlighten and understand one another. 

If proper legislation, good care and welfare of animals and mutual respect between residents are integrated, then there can be rich communities that uphold dignity and rights for both humans and animals.

Frequently Asked Questions on Housing Society Pet Rules

Q1. What are the rules for pets in housing society in India?

Ans1. General rules by Animal Welfare Board of India:

• Bye-laws for keeping pets state that any housing society cannot ban residents from keeping pets.
• Any sort of ban cannot be implemented by society.
• Subtenants (the licensee) can have pets in their flat.
• Society cannot discriminate on the side of the pets.

Q2. What are the rights of pet owners?

Ans2. It is not possible for Resident Welfare Associations (RWAs) to prohibit you from owning pets. Even if the majority of residents agree, it is unlawful to force renters to give up their dogs or to enact bylaws that forbid pets under Section 9(k) of the Prevention of Cruelty to Animals Act, 1960.

Q3. पालतू पशु मालिकों के क्या अधिकार हैं?

Ans3. रेजिडेंट वेलफेयर एसोसिएशन (आरडब्ल्यूए) आपको अपने पालतू जानवर रखने से नहीं रोक सकते। पशु क्रूरता निवारण अधिनियम, 1960 की धारा 9(के) के तहत, किराएदारों से पालतू जानवर छोड़ने के लिए कहना या पालतू जानवर रखने की अनुमति न देने वाले उप-नियम पारित करना गैरकानूनी है, भले ही उन पर निवासियों की बहुमत की सहमति हो।

Q4. Can we remove stray dogs from society?

Ans4. No, according to the 2001 ABC Dog Rules, stray dogs are not allowed to be moved.

Q5. How many dogs are allowed in a residential home in India?

Ans5. You are only allowed to have one dog in your house if you own an apartment. You can have up to three dogs at your house if you own a separate residence. This regulation usually pertains to mature dogs. Puppies less than eight weeks to four months are not included.

Q6. What are the responsibilities of a pet owner?

Ans6.

• Only own the kind and quantity of pets you can adequately care for, including food, water, shelter, medical attention and company.
• Make a lifelong commitment to your pet or pets.
• Give people the right kind of mental and physical stimulation.
• Train and socialise your pet properly.

Q7. What is the IPC for pets?

Ans7. Any animal worth 10 rupees or more, including stray animals, can be maimed or killed in violation of Sections 428 and 429 of the Indian Penal Code. Additionally, it makes it unlawful for vehicles to intentionally harm or kill cows, cats and dogs while they are on the road.

Q8. Can you feed stray dogs in a housing society?

Ans8. As stated in Article 51A(g) of the Indian Constitution, it is legal to feed stray dogs both inside and outside of any community, but it is illegal to coerce dog feeders into ignoring their constitutional obligation.

Q9. क्या आवारा बिल्लियों को समाज से हटाया जा सकता है?

Ans9. कर्नाटक पशुपालन और मत्स्यपालन विभाग की ओर से 13 जुलाई को जारी एक परिपत्र में इस बात पर जोर दिया गया है कि अपार्टमेंट को इस मामले से मानवीय तरीके से निपटना चाहिए और समुदाय से बिल्लियों को हटाना गैरकानूनी है। परिपत्र में कहा गया है कि अपार्टमेंट समुदाय इसके बजाय आवारा बिल्लियों की नसबंदी कर सकते हैं, उनका टीकाकरण कर सकते हैं और उन्हें उसी क्षेत्र में वापस भेज सकते हैं।

Q10. पेट इन लॉ क्या है?

Ans10. पशुओं पर क्रूरता निवारण अधिनियम 1960 की स्थापना पशुओं को अनावश्यक दर्द या पीड़ा पहुँचाने से रोकने के लिए की गई थी। इस अधिनियम में कई कानून शामिल हैं जो क्रूरता के खिलाफ पशुओं के अधिकारों की रक्षा करते हैं।

Q11. भारत में कुत्तों के लिए नया कानून क्या है?

Ans11. भारतीय कानून के अनुसार, आवारा कुत्तों को पीटा नहीं जा सकता, भगाया नहीं जा सकता, कहीं और नहीं छोड़ा जा सकता या मारा नहीं जा सकता। उन्हें केवल पशु जन्म नियंत्रण (कुत्ते) नियम, 2001 में उल्लिखित तरीके से नसबंदी की जा सकती है, टीका लगाया जा सकता है और फिर उनके मूल स्थानों पर वापस भेजा जा सकता है।

Q12. Can dogs be banned from society?

Ans12. Animal Welfare Laws: Any community that attempts to outlaw pets may be in breach of the Prevention of Cruelty to Animals Act, 1960, which safeguards animals. Pets cannot be prohibited from residential complexes, according to recommendations released by the Animal Welfare Board of India (AWBI).

Q13. What is the law for stray dogs in society?

Ans13. In some locations, stray dogs are protected from abuse by the Wildlife (Protection) Act of 1972 and the Environment (Protection) Act of 1986. In 2009, the Indian Supreme Court issued a similar stay order prohibiting the removal, culling or relocation of any dog wherever in India.

Q14. What is Dog Article 51A G? 

Ans14. Every Indian citizen has an obligation “to have compassion for living creatures and to protect and improve the natural environment including forests, lakes, rivers and wildlife,” according to Article 51A(g). Additionally, the following animal rights-related topics have been added to the State and Concurrent List.

Q15. Can pets be banned in RWA?

Ans15. No, regardless of breed, size or quantity, no Resident Welfare Association (RWA) or Managing Committee of a cooperative society has the authority to prohibit you from owning a pet, whether you are a tenant or an owner. They cannot create any bylaws, rules or regulations that prohibit pet ownership, even if they have a majority.