I was forced to vacate the house for having pets
7 months ago
I was forcefully evicted from the house for having pets. I know that no one can ban you from the society for having pets and I want file a case against the owner and society. How to go about it?
A.Dear sir,
Yes sir you can file such case. You may approach NGOs who support you and take up your case free of cost.
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Pets Pets…..
In view of following provisions of law no one can fine the pet owners if the pets are on lawns or in the common area. They are part of human lives.
Know the Rights of Animals under Indian Law
It is vital to be familiar with the rights given to animals when you encounter people acting cruelly, or when filing an FIR reporting cruelty with the police.
To learn about your rights as animal caretaker, visit Know Your Rights.
These are the most powerful laws in place which protect animals, and how to use them:
Section 428 of the Indian Penal Code
States that the punishment for killing, poisoning, maiming, or rendering useless any animal or animals of the value of ten rupees or upwards are simple or rigorous imprisonment for up to two years, or with a fine, or with both.
Section 429 of the Indian Penal Code
States that the punishment for killing, poisoning, maiming, or rendering useless any animal or animals of the value of fifty rupees or upwards (which automatically includes all cattle/beasts of burden) are simple or rigorous imprisonment for up to five years, or with a fine, or with both.
The Wildlife Protection Act (1972)
Prohibits injury to any wild animal or trees under section 39.
"Animals" include amphibians, birds, reptiles and mammals and their young. In the case of bird and reptiles, even their eggs are included in this category. The exceptions are those classified as "vermin" defined in Section V. Each state has it's own list of non-human animals considered vermin.
The penalty for the person guilty of an offence under this Act is imprisonment for a term of three years, or with fine of twenty-five thousand rupee, or with both. In a second offence, the term of imprisonment will be seven years with fine of ten thousand rupees.
The Prevention of Cruelty to Animals Act, 1960
The definition of cruelty is defined under Section 11 (a) to (o). This includes (but is not limited to):
• cruelty against the person's own pet
• inhumane slaughter
• inhumane transportation
• inhhumane living conditions (even for animals destined for slaughter)
• tail docking
• ear docking.
The offender will have to pay fine which shall extend to fifty rupees. If it is the case of second offence, he will be fined with not less than twenty-five rupees but which may extend to one hundred rupees or with the imprisonment for up to three months or with both.
Any illegal killing or cruelty towards an animal should be reported to the local police station and a F.I.R. should be filed against the offender.
If the killing or cruelty is inacted upon an animal not owned by the offender, refer to Section 428/429 of the Indian Penal code and The Prevention of Cruelty to Animals Act (1960).
If the killing or cruelty is inacted upon an animal owned by the offender, refer to The Prevention of Cruelty to Animals Act (1960).
If the animal is a wild animal not defined as "vermin" by the state, or if the person is killing or injuring an animal defined as a vermin in an illegal/inhumane way, refer to The Wildlife Protection Act (1972) and the Prevention of Cruelty to Animals Act (1960)
Yes sir you can file such case. You may approach NGOs who support you and take up your case free of cost.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pets Pets…..
In view of following provisions of law no one can fine the pet owners if the pets are on lawns or in the common area. They are part of human lives.
Know the Rights of Animals under Indian Law
It is vital to be familiar with the rights given to animals when you encounter people acting cruelly, or when filing an FIR reporting cruelty with the police.
To learn about your rights as animal caretaker, visit Know Your Rights.
These are the most powerful laws in place which protect animals, and how to use them:
Section 428 of the Indian Penal Code
States that the punishment for killing, poisoning, maiming, or rendering useless any animal or animals of the value of ten rupees or upwards are simple or rigorous imprisonment for up to two years, or with a fine, or with both.
Section 429 of the Indian Penal Code
States that the punishment for killing, poisoning, maiming, or rendering useless any animal or animals of the value of fifty rupees or upwards (which automatically includes all cattle/beasts of burden) are simple or rigorous imprisonment for up to five years, or with a fine, or with both.
The Wildlife Protection Act (1972)
Prohibits injury to any wild animal or trees under section 39.
"Animals" include amphibians, birds, reptiles and mammals and their young. In the case of bird and reptiles, even their eggs are included in this category. The exceptions are those classified as "vermin" defined in Section V. Each state has it's own list of non-human animals considered vermin.
The penalty for the person guilty of an offence under this Act is imprisonment for a term of three years, or with fine of twenty-five thousand rupee, or with both. In a second offence, the term of imprisonment will be seven years with fine of ten thousand rupees.
The Prevention of Cruelty to Animals Act, 1960
The definition of cruelty is defined under Section 11 (a) to (o). This includes (but is not limited to):
• cruelty against the person's own pet
• inhumane slaughter
• inhumane transportation
• inhhumane living conditions (even for animals destined for slaughter)
• tail docking
• ear docking.
The offender will have to pay fine which shall extend to fifty rupees. If it is the case of second offence, he will be fined with not less than twenty-five rupees but which may extend to one hundred rupees or with the imprisonment for up to three months or with both.
Any illegal killing or cruelty towards an animal should be reported to the local police station and a F.I.R. should be filed against the offender.
If the killing or cruelty is inacted upon an animal not owned by the offender, refer to Section 428/429 of the Indian Penal code and The Prevention of Cruelty to Animals Act (1960).
If the killing or cruelty is inacted upon an animal owned by the offender, refer to The Prevention of Cruelty to Animals Act (1960).
If the animal is a wild animal not defined as "vermin" by the state, or if the person is killing or injuring an animal defined as a vermin in an illegal/inhumane way, refer to The Wildlife Protection Act (1972) and the Prevention of Cruelty to Animals Act (1960)
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A.Dear client,
Ban on pets is illegal: Under Section 9(k) of the Prevention of Cruelty to Animals Act, 1960, it is illegal for housing societies to pass pet bye-laws that disallow pets, not even if the majority of residents of the society vote for it
A housing society cannot ban pets/dogs on the basis of their breed or size. Even complaints regarding a dog's barking habits cannot be used as a reason to ban pets
So, if you have been evicted for having pets, you can sue them for the same as its a wrong and invalid concern
Ban on pets is illegal: Under Section 9(k) of the Prevention of Cruelty to Animals Act, 1960, it is illegal for housing societies to pass pet bye-laws that disallow pets, not even if the majority of residents of the society vote for it
A housing society cannot ban pets/dogs on the basis of their breed or size. Even complaints regarding a dog's barking habits cannot be used as a reason to ban pets
So, if you have been evicted for having pets, you can sue them for the same as its a wrong and invalid concern
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A.Dear Client,
Article 51(A) of the Constitution of India makes it a fundamental duty of every Indian citizen to respect and have compassion for all life forms. Not allowing pets in an apartment complex or housing society is considered to be a direct violation of the Constitution of India. The right to keep a pet outlined in Article 51 (G) of the Constitution grants every citizen of India the right to choose to live with or without a companion animal. So, for infringement of the constitutional right, a pet owner can file a civil suit before the Court for violation of the Wildlife Protection Act (1972) and the Prevention of Cruelty to Animals Act (1960). Any illegal killing or cruelty towards an animal should be reported to the local police station, and an F.I.R. should be filed against the offender.
Article 51(A) of the Constitution of India makes it a fundamental duty of every Indian citizen to respect and have compassion for all life forms. Not allowing pets in an apartment complex or housing society is considered to be a direct violation of the Constitution of India. The right to keep a pet outlined in Article 51 (G) of the Constitution grants every citizen of India the right to choose to live with or without a companion animal. So, for infringement of the constitutional right, a pet owner can file a civil suit before the Court for violation of the Wildlife Protection Act (1972) and the Prevention of Cruelty to Animals Act (1960). Any illegal killing or cruelty towards an animal should be reported to the local police station, and an F.I.R. should be filed against the offender.
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