Over the past many months, Jaagruti’s helpline has been inundated with calls and queries from people across many major Indian cities, like Mumbai, Bangalore and other metros where RWAs or Residential Welfare Associations that are formed in various societies have come up with ‘no pet clauses’ and are forcing residents therein to abandon their pets! This post is to apprise you all that ‘RWAs cannot come with such clauses which are both unconstitutional and unlawful.
For more advice on this subject on how you can challenge your society, drag them to the courts, please download the below attached notice that was sent to a society in Gurgaon sometime back by a team of well-respected lawyers and take guidance from the text mentioned therein.
Notice to Kanchanjunga Coop.Group Housing0001
Also, read the below mentioned article and spread it around!
Housing societies can’t prohibit pets, say legal eagles
Swati Deshpande, TNN | May 24, 2012, 02.13AM IST
The Maharashtra Cooperative Housing Societies Act does not prohibit members from keeping pets and no society can pass by-laws to ban pets or families with pets from society premises.
Mulraj Shah, a lawyer, says a cooperative housing society may-by majority vote- make a by-law against pet ownership, but that is only on the valid grounds of continuous nuisance created by such pets. Even such a resolution may not be binding on occupants as it would have to be tested for legality in court, said a constitutional law expert practising at Bombay high court.
In the past, courts have ruled in favour of pet owners. A housing society in Navi Mumbai was fined for having restrained a family pet from using the lift. The Thane consumer court in 2008 imposed a fine of Rs 5,000 and held that the society’s decision to prevent pets from using the lift without any valid reason amounted to “deficiency in service”. A family residing in a housing society is a “consumer” under the law.
In another important ruling in December 2010, a consumer forum in Mumbai Central ordered a housing society in Mahim to stop charging a family an additional Rs 500 for each of its pet dogs, which it said was illegal and directed that the amounts already collected be returned. Societies have a right to make rules for the benefit of its members but the law has to be reasonable and not impinge an individual’s fundamental freedoms and right to life, said lawyers.
Filed under: Against Animal Cruelty, Animal Laws of India, Animals, Be the Change, Do you know?, Games people play, Information that empowers!, News Reports, Pets | Tagged: Animal Laws, Dogs, India, Judiciary and the animals, Man and Animal, Man-Animal relationships, People, Pets, Residential societies cant ban people from having pets | Leave a Comment »









