There are many animal friends among humans. But, are they following legal and moral rules connected to taking care of these organisms, who cannot speak like humans? A Journalist Reveals connected with the Indian chapter of the animal rights organization PeTA to learn a few things about animal keeping. So, Ayushi Sharma, Campaigns Co-ordinator –PETA India helps us with today’s post – PeTA Explains Animal Rights.
Some people told me that a family living in a flat should get the written consent of the other people living on that floor as well as the others in the building, to bring in a pet to their home. If even one of them do not give consent, they should keep the dog inside a kennel, outside the building premises, not disturbing the others due to the barking and other activities. What does the law say in this matter?
According to the AWBI (Animal Welfare Board by India) Pet Circular issued on 26th February 2015, here’s what the law says:
- a) Please bear in mind that even by obtaining consensus or even if the majority of residents and occupiers want it, residents welfare associations and apartment owners associations cannot legally introduce any sort of ‘ban’ on the keeping of pet dogs. They cannot insist that ‘small sized’ dogs are acceptable, and ‘large sized’ dogs are not. They cannot cite dog barking as a valid and compelling reason for any proposed ban or restriction.
- b) If the residents or occupiers that have pets are not violating any municipal or other laws, it is not permissible for residents welfare associations and apartment owners associations to object to their having pets as companions. The general body cannot frame bye-laws or amend them in a manner that is at variance with the laws of the country. Even by a complete majority, a general body cannot adopt an illegality.
c)Please therefore bear in mind that even by amending bye-laws or regulations or otherwise, such a ‘ban’ cannot be put into place since it is illegal, and does not have the sanction of law. In fact, in trying to ‘ban’ pets, or limit their number, residents’ welfare associations and apartment owners associations interfere with a fundamental freedom guaranteed to the citizens of India, i.e. the freedom to choose the life they wish to live, which includes facets such as living with or without companion animals.
The above mentioned law makes it clear that there is no need of a written consent of the other people living on that floor as well as the others in the building, to bring in a companion animal to their home. It is solely the choice of the family, who wishes to bring one.