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Apr 2018

RWA’s pet peeve is against the law

RWA’s pet peeve is against the law

In most of the urban families, pets are an integral part of the arrangement. Now, imagine moving into new home and asked by the Resident Welfare Association that the pets are not allowed on premises. While these regulations are sure to disappoint you, many of the RWAs have been coming up with the clauses in the bye-laws, banning pets.

While some of the RWAs resort to striking the monthly penalties on people keeping the pets, some restrict the pets from making use of the elevators. Imagine being in a multi-storey building with a pet in a similar scenario.

In February 2015, Animal Welfare Board of India issued the notice with the set guidelines for pet owners. Under the law, none RWA or any of the other society associate can discourage any resident from owning a pet. Also, at the same time, the owners of the property as the parent to ensure that they keep the pets clean as well as in good health and away from harming anyone else. The guidelines issued in the notice include-

RWA can’t ask you to give up the pet

As per the guidelines, the residents require to be careful about the pets as well as make sure that they don’t harm anyone else. While doing this, they must distinguish between unreasonable and reasonable, lawful as well as unlawful claims of the pets creating some trouble for others. Such pressure, however, shouldn’t let them abandon the pets as it certainly is an offense under the law.

In case of the RWA asks the resident to give up on the pet will actually be considered an offense.

RWA can’t express the ridicule against barking

There could actually be some instances when the owner’s dog barks pet which actually might not be somewhat like by the neighbors. The guidelines do put this noise as the way of expression as well as it must be tolerated. The pet parents, however, are advised to help in the situation as much possible to avoid the inconvenience to the neighbors.

RWA can’t tell you who breed you can pet

A pet is the family member as well as the RWA can’t dictate the kind, the breed or the size of the pet that you can keep. It can’t ban any kind of the pet stating that the large-sized dogs are not actually allowed. Even if the majority in the general body meeting of RWA decides against keeping the pet, this actually is legal.

RWA can put forth the reasonable requests

The pet owners should definitely discuss the RWA ways as well as means to dispose of the pet excreta etc. the RWA can allow the pet corners and designated areas for the use. Also, it is mentioned that the owner of pet ad caregivers, as well as the dog-walkers, must make sure that if pet defecates in the public premises, it is the duty of the owner to ensure the cleanliness. It does clarify that it is each residential complex and community to decide which method the work best for them as well as solutions can’t be imposed on anybody.

No RWA can ask for an impose or penalty rule or bye-law which basically says that the owner of the pet must clean the pet excreta etc. This is because there is no central or state law which says so. The pet owner, however, must agree to the lawful requests for smoother community living. It is the concern of the owners to keep the pets healthy as well as clean. The neighbors might not like animals and pets as they may pose the health hazards if they are not clean and tidy. The regular vaccinations and sterilization are advisable.

RWAs can’t insist upon the leash

Do make sure to leash the pet in public to make sure that others are comfortable around it as well as neither the pet nor others should be the victims of the accident that was evitable. However, the RWAs can’t insist upon the use of the muzzles. This is certainly strict penalty against the negligent pet parents as well as aggrieved parties can actually avail of it.

RWA can’t discourage you from using lifts

No RWA has the power to debar pets from the lifts though owners if it is asked, could use the alternate working the lifts if such service is accessible with ease and comfort. The RWA also cannot insist on fee from you for making the pets use the lifts.

RWA can’t discourage you from using parks

The exercise and outings in the parks are essential for pets. Thus, RWA or the associations can’t debar the pet from getting into parks. Keeping in mind, however, everyone’s convenience, mutually agree upon the acceptable timing to walk for the dog. The timings can be intimated by the general body.

Also, you can approach Registrar of Societies for any arbitrary functioning of the RWA. The RoS has the power to dissolve the RWA if needed.

• You certainly can approach Animal Welfare Board of India in case the well-being of the animal is threatened

Also, a complaint can be filed with local police station having the jurisdiction over the area. If the RWA hinders entry of pets into society premises that basically results in harm to pet, a case under Section 428, 429 Indian Penal Code can be registered against RWA office bearers

You can even approach the District Consumer Disputes Redressal Forum in the case of any complaints. The action can be initiated against the RWA members under Section 2 (1)(g) o Consumers Protection Act

The RWA resolution that may actually harm the animal violates Section 11 (3) of the Prevention of Cruelty to Animal Act, 1960. Also, it is against Article 51 A (g) of Constitution which basically provides for the protection as well as the improvement of the natural environment which includes lakes, forests, wildlife and rivers and to have the compassion for living the creatures

The Wildlife Protection Act, 1972, as well as the Environment Protection Act, 1986, cast the duty upon citizens of the country to safeguard the environment and animals. Many RWA prohibits the residents from taking care and feeding of roadside stray animals. This prohibition can’t be upheld as well as is the limitation upon the liberty of the person


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