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Can a housing society stop the flat owner from taking his pet to any common area
2 weeks ago
I have a friendly dog (Labrador) and we live in an apartment complex where there are no bye-laws and it's not even a registered society. My dog has a habit of going to the terrace as we live in top floor. At times he defecates in the terrace in a secluded corner and we immediately clean the place. Now all the residents are saying from tomorrow onwards pets will not be allowed in common areas. Is it constitutional or do I have the provision to file a court case.
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 forms of life. 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 cruelty towards an animal may be reported to the local police station, and an F.I.R. can 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 forms of life. 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 cruelty towards an animal may be reported to the local police station, and an F.I.R. can be filed against the offender.
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A.Dear Client
It would be not justified to say that pets will not be allowed to common areas because in that case the pets cannot even move out of the house.
Yes byelaws can be made to have designated play areas for the pets but a blanket statement that it cannot be allowed in common area is no tenable.
It would be not justified to say that pets will not be allowed to common areas because in that case the pets cannot even move out of the house.
Yes byelaws can be made to have designated play areas for the pets but a blanket statement that it cannot be allowed in common area is no tenable.
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A.Dear Client,
Permitting pets in common areas of the society are governed by the specific rules of the society. You can connect with society on this grievance and get an appropriate solution. Further, all the residents are equally entitled to the enjoyment of the common area. But, if the pet is hindering them from accessing the common area, then it is advisable to address and resolve the issue amicably.
Hope it helps.
Thank you.
Permitting pets in common areas of the society are governed by the specific rules of the society. You can connect with society on this grievance and get an appropriate solution. Further, all the residents are equally entitled to the enjoyment of the common area. But, if the pet is hindering them from accessing the common area, then it is advisable to address and resolve the issue amicably.
Hope it helps.
Thank you.
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