How to act when your society RWA puts a bar on letting your pet dog use the building lift?

Pet Dogs: Should they be allowed on lifts or not? (Photo credit: theotokos.co.za)

On the afternoon of 10th August 2010, the Jaagruti helpline received a call from Mrs. Usha Gulati in Faridabad who informed that the residents welfare association of the colony in which they stay had objected to them taking their Pet dog Pixie up and down the building lift from their 5th floor flat. Ms. Gulati and her family was willing to take Pixie down (for his walks) using the stairs but given his age (Pixie is 10+ years old) and the fact that they live on the 5th Floor, the Gulati family was not willing to cow down to the demands and orders of the RWA in any way and were even willing to take this matter to court should the RWA remain adamant in its stance on this subject.

Most of the times the arguments that RWA office bearers give to pet owners while objecting them to using the building lift with their pets- ‘the pets odour is harmful for human health’, ‘pets are dirty’, ‘pets make the lift dirty’, ‘pets can pounce or growl or attack other people in the lift’ and the list goes on as per the whims and fancies of the RWA representatives.

Ms. Gulati mentioned to us that she has a copy of a news clipping that came out in Times of India newspaper in December 2008 in which a Mumbai resident had approached a consumer court for his pet dog Shimu.  Further to this Ms Gulati wanted to know from us if there was any previous judgment in this regard that they could use to help Pixie. Below is presented a step-by-step guide on how to tackle such a problem which, as we learnt is a common problem faced by many people living with their pets in buildings with lifts face across many cities in India. The key to coming out victors in such a situation is to have cent percent commitment towards your pet and to be willing to stand up for your pet’s rights, for pets are family!

Through the power of the internet, we enquired upon this ‘Pets being denied lift access’ subject from people across the animal welfare fraternity across India, the following facts came to light and we are sharing this information in our effort to inspire all those who face similar problems to act accordingly when faced with such situations. As for what transpired in the story of Pixie, read this till the end:

The only preceeding judgement in such a case was when Mr. Ajay Marathe, a resident of Mumbai’s Vashi Colony approached the Consumer Court (on 26th September, 2008) when his colony’s association passed a resolution disallowing them to use the building lift with their pet dog ‘Shimu’, who was then 11 years old who was suffering from osteo-arthritis (pain in the bones and joints)

The following trail of news stories on Shimu’s case illustrate the trail of events on this subject as well.

No entry for pets in lifts, Vashi Housing Society tells residents
Indian Express

N Ganesh
Fri Sep 12 2008, Mumbai :
Says odour may be harmful to health; SPCA takes up issue

Life for 11-year-old Peter-Pan alias Shimu, a Labrador Retriever, has become tougher than ever. Shimu stays with his owners, Ajay and Nandini Marathe, on the fifth floor of New Sarvodaya Co-operative Housing Society, at Sector 4 in Vashi. Shimu has been diagnosed with osteoarthritis, an ailment in which the patient suffers from severe joint pain. However, Shimu will now have to use the staircase instead of the lift, as a resolution passed by the general body of the society bars pets from using the building elevator.

On August 3, 2008, the general body resolved to prevent use of lifts by residents accompanied by their pets. According to a notice issued to Marathe and the general body resolution, the society fears that the odour of the pets which is left behind in the lifts, can be hazardous to the life and health of the building residents. In the month of May 2008, the society sought numerous documents certifying the fitness levels of the dog. Marathe, who has a licence for the dog, produced a certificate issued by the Bombay Veterinary College that dog is licenced, vaccinated, healthy and does not suffer from any infectious or contagious disease. The Bombay Veterinary College certificate also adds that since the dog is aged and suffering from osteoarthritis, it should be allowed to use the lift, as climbing the stairs would be a painful task.

Marathe tried to find a way out by using air fresheners after the use of lift by the pet dog. However, the society officer tersely told Marathe that use of air fresheners was not recommended.

After a complaint of Marathe, the Society for Prevention of Cruelty to Animals (SPCA) has taken up the issue. S B Kadam, assistant secretary, SPCA said, “SPCA inspectors have paid a visit to the society and asked the office bearers to be practical and permit use of lift for the pet dog concerned. We will be hearing from them soon.”

Marathe said, “I paid the watchman from the neighouring building to carry the dog up and down the building thrice a day so that he could answer nature’s call. This arrangement worked fine for a few days, however he stopped coming after being warned by society office bearers.”

Meanwhile, Marathe has temporarily shifted Shimu to his in-laws place at Pen in Raigad district. Chairman of the housing society Arvind Palwankar said, “It is a very old sick dog with a bad odour. We only prevented Marathe from using the lift. Moreover, Marathe is a nuisance as he relentlessly complains against the society to the authorities about all things trivial.”

What the law says

Advocate Rahul Thakur who is associated with In Defense of Animals (IDA) said that the society resolution violates section 11 (3) of Prevention of Cruelty to Animal Act 1960. It is also against article 51 A (g) of the Indian Constitution according to which it is the duty of every citizen to have compassion for animals, living creatures and improve the natural environment. Thakur said, “The society resolution is illegal as it is unconstitutional.”

Please note the underlined portion in the last paragraph of the above story.

Luckily for Shimu, who is now in good heavens, the Consumer Court upheld the society’s resolution and passed the judgement in his favour and also asked the Association to pay Mr. Ajay Marathe Rs.5000/- in lieu of the damages and the expenses incurred by him on this court case.

Please read through the following news stories:

Peter Pan can use apartment lift now

Indian Express

N Ganesh Dec 17, 2008

Mumbai

The consumer forum came to the rescue of a 11-year-old dog, Peter Pan alias Shimu, who was not allowed to use the apartment lift by the office bearers of a housing society in Navi Mumbai. Shimu, a pet belonging to Ajay and Nandini Marathe, residing on the fifth floor of New Sarvodaya co-operative housing society was barred from using the society lift. Shimu had been diagnosed with osteoarthritis — an ailment that causes acute pain in the joints.

In its order dated December 11, 2008 the Thane District Additional Consumer Disputes Redressal Forum ruled that the housing society’s move to prevent pets from using the apartment lift without any valid reasons amounted to deficiency in service to the members as per section 2 (1) (g) of the Consumers Protection Act.

The Marathes were asked to produce documents certifying the illness of the dog. However, despite producing the required certificates and reports, the general body of the housing society in August 2008 resolved to ban pet animals from using apartment lifts.

The housing society contended before the forum that the dog was not a consumer of the housing society and hence the forum cannot hold the society liable. The consumer court however said in its order: “The issue of ‘dog’ being or not being the consumer of the society is not valid, instead the valid issue should be whether the complainant is consumer of the housing society or not.”

Since the membership of the Marathes to the housing society was not disputed, the consumer court said: “The dog has valid license and has been certified by a veterinary doctor of having no contagious and infectious disease. It has received all its vaccines. The doctor has also recommended the use of lifts owing to its condition.”

The housing society contended that the use of lifts by pets threatened the safety of the residents. However the Consumer court held that the housing society’s decision to ban pets from using lifts was without any valid reasons and hence amounted to deficiency in service. The court has ordered the housing society to pay Rs 3000 as damages and Rs 2000 as legal expenses to the Marathes.

Consumer court upholds dog’s right to use lift

18th December, 2008,  Published in: The Times of India

Mumbai: An 11-year-old Labrador has emerged a champion of dog rights by not only winning for himself the right to travel in the elevator of his apartment complex in a Mumbai suburb but getting his master a Rs 5,000 compensation from the apartment’s anti-pet managing committee.

The Thane District Consumer Disputes Redressal Forum passed an order, defending Shimu aka Peter Pan’s right to use the left and directed the society to compensate the owner for the harassment he faced. The dog’s owner, Ajay Marathe (52), a fifth floor resident of New Sarvoday Cooperative Society at Vashi, told TOI on Wednesday: This is a very good judgement given in our favour in real time. In fact, a lot of pet owners face the same problem in Mumbai; this order can be an important reference point to help them use their society lifts.

Marathe added that the 35-kg Shimu suffered from pain in the joints and couldn’t use the stairway. The society this May passed a resolution, saying pets like cats and dogs could not be allowed in the lift as their body odour could be injurious to health and life, which I found to be ridiculous, he said.

Marathe first went to the cops, but failing to get a sympathetic response from them, he lodged a case in the Thane consumer court. The consumer court has given this judgement in less than three months. The Rs 5,000 compensation for my pet is also welcome as I had to temporarily shift Shimu to my in laws house in Pen, which caused some discomfort to him, he said.

To read the full judgement given by the Consumer Court on this case in favour of Shimu the dog, please click here

Since Shimu passed away soon after this judgement was announced, Mr. Marathe donated the Rs.5000/- compensation he received to the animal welfare charity named PAWS which used this contribution to publish brochures on the ‘Tree Protection Act’, which carried Shimu’s name on it as a mark of honour to his spirit.

Now, coming back to Pixie’s case in Fraidabad, here is what happened-

Deriving inspiration from Mr. Marathe’s stance on getting justice for Shimu, Ms. Usha Gulati’s familytook the press clipping of Shimu’s news (which had come out in TOI in December 2008) and approached the Local  Police with the copy of the same and lodged a complaint against the RWA…the cops then called and came over to meet the RWA representatives and following all of this, an amicable solution was reached upon in which it was agreed that the  Gulati family would be allowed to bring their pet dog Pixie down the stairs for his walk and after he has relieved himself and there is apparently nothing in his stomach to ‘dirty’ the lift with, he can take the lift upstairs to his fifth floor house along with his owner.

So, next time you face such an issue, consider using all of this information above and stand up to seek justice for your animal friends. Trust us, its all worth the effort and a way to (try to) pay back  for all the love that your pet animal has showered upon you unconditionally.

However, we would like to also suggest to you that as always prevention is better than cure so please be mindful of a few other things a ‘responsible’ pet owner can follow while using the lift with their pet, to avoid inconvenience to the fellow lift users:

1. Make sure that your pet dog/cat is vaccinated to avoid any health related arguments from fellow building residents.

2. Keep your pet animal on a leash.

3. If your pet is aggressive and has a tendency to bite strangers, then it would be better to put a muzzle around the pet’s mouth while you move your pet in the lift. You can remove the muzzle once your pet is out of the lift.

4. Try using the lift when no one is in there, alternatively avoid using the lift when someone (you know) having a canine/feline-phobia (i.e someone who is well-known to be scared of dogs/cats) is already travelling in the lift.

5. Make sure that your pet doesn’t pee or defecate in there, so avoid taking young untrained pups in the lift as else you would most likely end up creating a lot more disgruntled neighbours or should we say enemies!

6. Take care of the health and hygiene of your pet dog/animal, give it a nice bath regularly so that it doesn’t emanate any sort of stinking odour in a public place like a lift, which may else be a cause of inconvenience for the fellow residents of your building.

* Credits: We thank AWBI’s lawyer Anjali Sharma, PAWS founder trustee Nilesh Bhanage and Vishruti Aggarwal for sharing their experiences, the video link and the consumer court judgement with us.

135 thoughts on “How to act when your society RWA puts a bar on letting your pet dog use the building lift?”

  2. Fantastic Documentation. I have the same problem in my building where a bunch of ‘old’ men think they own everybody and jump to conclusions when there are actually none :P

    My pet Lab, plays with all the building children and does his ‘susu-potty’ in our own bathroom. (so much for training) :)

    But these guys still have a problem.

    I will fight right till the end for this.

    My dog is worth dying for.

    Thank you for making such a wonderfully informative site.

    God bless you guys!

    Like

    Reply

  3. Great work and inspiring.
    My neighbour who does not want to pay his annual maintenance is using my pet as a blackmailing tool. His peeve – her barking disturbs him, and he will not pay the maintenance till the soceity finds a solution to this problem of his. No other soceity member has any complaint against my pet . She does not soil the common areas in the soceity, is never let loose without a leash, has never chased, bitten anyone. I too will fight this till the end as my pet is worth it and equal to any other member of the family. God bless!

    Like

    Reply

  4. The RWA in our condominium has notified that dogs will only be allowed to travel in service lifts, which are used for goods and to transport all workers. Most often, one of the two lifts is not functional or rendered unusable in summer as the fan does not work and is impossible to use in summer. At times, due to the onrush of workers, it is not possible to use the service lift, and waiting in the lift lobby is fraught with problems as the number of dogs in the building begin to return after answering their call of nature. The residents had suggested that upon return, the owners be allowed to take their pets in the lifts meant for residents, to avoid any dog-fights. Typically, a few of the residents always have an issue. Is their any law which can help us fight this unjust notice by the RWA?

    Like

    Reply

    • You would have to fight this battle on your own like Mr. Marathe did when his Ssociety’s RWA came out with the diktat of not allowing his pet dog to use the lift…please call us and we can put you in touch with people who can guide you in fighting this battle against your RWA’s unjust rulings in the Consumer Court. Thanks

      Like

      Reply

      • Hi. I really need some help here. Me and my husband have been looking for an apartment for a few weeks in malad west, Mumbai and each society(all are raheja buildings) denied us a home because we have 2 dogs. This is extremely depressing for us as we really love our dogs, it’s like saying no kids allowed. Can I get in touch with someone regarding the same? Sayi

        Like

      • Madam
        It is heartening to see that you are fighting so much for Dog’s rights. However what about to the rights of humans. Article 51 of Indian constitution protects dogs rights to go in the lawns, relieve themselves in lawns and other common areas, causes threats to the people who have animal and particularly dogs fobia and who are fightened to see dogs in surroundings. Is there any law, which also protects the human rights to live peacefully in a property purchased with all hard earned money.

        Like

      • You stay in your property, let them live in the common areas, they are not coming into your house after all, streets are their home after all. And please work on your canine phobia with the help of a therapist

        Like

  6. THANK YOU VERY MUCH FOR THIS INFORMATION! We live in an apartment – ACS Vasundara (Ashwini apts) in Bangalore. The apartment association has recently started abusing us with regards to our dog (a 10 yr old golden retriever, properly vaccinated, very well trained and very well behaved) using the lift.
    Firstly, we are asked to only use the service lift, a condition with which we comply without complaints. However, they don’t want to let us use the common entrance – they want us to use the parking basement entrance, where vehicles are zooming past/against us without any control.
    The association and the security treat us like criminals eventhough we have not done anything wrong. Our dog has never dirtied the common areas (the poor guy doesn’t even bark) or caused any noise pollution.

    We are really upset about how people treat fellow living beings!

    Like

    Reply

  7. We live in an independent floors unit in Ardee City Gurgaon and own a tiny black pug called Romeo. Last year, when he was just 6 months old, we got into an argument with our neighbours who were unnecessarily making a big deal about him pooping on the road side (beyond which is empty land). These same neighbours have illegally fenced off land opposite their house for their own personal use. My mother even offered to pick up the dog’s poo at which point the neighbour got rowdy and started hurling anti-racial comments at us (my mother is an anglo-Indian). I intervened and asked them to behave themselves, at which point they physically attacked us! Thankfully I am a kick-boxer and was able to ward them off. My mother broke her finger and suffered a neck injury along with lacerations. The hospital requested us to actually file an MLC and the police had to be involved. It is just amazing that such a little thing can grow so insanely out of proportion. But at the end of the day we did not cower down to our neighbours we still take our dog for a walk as that is our right. He poops in an empty plot, yet by just walking him around everyday I get some smart comment or the other from my neighbours. I guess they just need a reason to whine in their sad pathetic lives. Honestly I am at a point where I really do not care for such soulless and heartless people. I have no respect for people who cannot respect an animal. I prefer to just look them in the eye and tell them to mind their own business!!

    Like

    Reply

    • Well done Eshaa! Thank you for sharing your story, its courageous and inspiring on your part to stand up for your mother and pet. Yes, you are right, some people have just lost it and become needlessly rude and heartless and its better to give their ramblings a cold shoulder, they will never change! Hope your mother is fine now, we wish her a speedy recovery to full fitness.

      Like

      Reply

  8. Dear Eshaa,
    We are fighting for same situation in close north nirvana country,here are points of legal notice by animal welfare board of India to our RWA for your reference:-

    Any RWA do not have the right to legislate, and ‘lay down law’ or ‘promulgate rules’ for residents, and apartment owners or even tenants, that are at variance with the law of the land. If the residents of the society choose to keep pets, and are not violating any municipality guidelines/bye-laws in the process, you cannot interfere with that right or restrict it in the manner that you are seeking to do.

    It is also beyond your mandate, and clearly unlawful for you to impose any rule, or subject pet owners to any penalty with respect to defecation by pets. You cannot impose special charges or fines. (Instead of resorting to unlawful actions, you can perhaps experiment with the creation of various pet defecation areas within community premises, which is what some housing societies and sectors are doing.

    In seeking to impose the unlawful restrictions that you are imposing, the Animal Welfare Board of India would have you know that you are harassing legitimate house owners and residents, and acting unlawfully. If they choose to, they can drag you to court / before the Registrar for the infringement of their rights and freedoms as citizens

    Hope any of this helps,also you can do an FIR against such inhuman For mental harassment, violence, and threat to life to your family and pet under prevention of animal cruelty act 1960.

    Regards
    Iti tyagi
    Petparentsassociation
    Close north nirvana country gurgaon
    Petparentsassociation@gmail.com

    Like

    Reply

  9. Bravo!…. I have similar heartless neighbours who peep in our house through their extended gallery box grill… on complaining they lodged complaint with the society that my pet cat who goes out each day and comes back home when hungry…that this cat litters in front of their house which is not the case as I have put a camera and record the movements of my cat in front of our house including neighbours and not once my pet cat has pooed in front of their house… it goes out in open area beyond our housing society….one day they badly injured my cat, but fortunately it survived, I called up the PETA and my lawyer and was told to lodge a complaint in the police station which I have done…my cat was cared and treated through a vet I have video recordings of the injury and had taken the cat to police station to show how cruelly these heartless people have injured it. I admire your spirit and we are all with you in this fight against animals.

    Like

    Reply

  10. Hi Friends,

    It is wonderful to see so many people fighting for this same cause, and those that face discrimination/atrocities at the hands of RWA’s and neighbours.

    I face a similar issue with my RWA who was hell bent on us removing our two dogs a 17 year old and a 4 year old. Several residents succumbed to it and either gave away their pets or chose to vaccate. I held my ground.

    All you have to do is write to the head of PFA (People for Animals) . Smt. menaka Gandhi at gandhim@nic.in and she will ensure that the necessary action is taken with no delay of sorts. She will also involve the respective directors of your Metropolis /ward/ etc and have personal follow up constantly till the nag is done away with. So the next time you face this threat or hear of anyone who face, do not stoop to it, or couch down, stand up firm and strong and fight it out. It is your right and that of your pets, for harmonous co-existance and let no one get in the way.

    Sherene
    meyn.sherene@gmail.com

    Like

    Reply

  11. in Gurgaon all the parks in residential area maintained by HUDA (huryana urban development authority) have written on entrance gate that It is prohibitted to walk the pet dogs inside this park. Where should I take my dog for a walk. He too needs walk on grass and open area to play.bunch of old mans threatening us on this

    Like

    Reply

  12. I am the owner of a flat in a 10 storeyed tower… Until recently the society had no problems with my 2 year old lab Barney, but all of a sudden they have passed a rule banning him from using the lift. Going down isn’t a problem but its very exerting walking up for him as well. He is very hyper and had isolated incidents when he jumped on neighbors a year back. Since then I have held him tightly while going in the lift . Now they have passed this rule….. Punishable by a fine of Rs.5000/- . Its becoming really difficult to take him down despite having hired a dog walker recently. Please help .

    Like

    Reply

  13. We are having an issue with our society , regarding our 7 month old Black Labrador ( he is a KCA registered pedegree dog ) , thankfully we live on the first floor so use of lift is not an issue for us , how ever , a number of residents have taken issue with him. We have a large gallery which measures 4 feet by 12 feet , and we had this gallery converted with tiled floor , and roof as well pas perspex sidings. We keep the dog there whilst the hous is being cleaned and he sleeps over night in there. The society has already claimed cruelty and the SPCA came to inspect my dog , and they were amazed that any such claim could be made as the dog is well fed , fully vacinated and regularly de-wormed, he is excercised three times a day on the beach and also off leash at night in the large communal area , he is a fiendly , and loving puppy , has never growled at nor behaved aggresively towards anyone. He does bark occasionally but only during the day time when he wants feeding or wants to go down , he has a fixed routine ,,,he does not foul the communal areas as he has been trained to do his toilet on the beach …so once the SPCA route failed they are now threatening us with police action unless we remove him from the gallery, as some residents claim my dog is a nuisance with his barking ( which he never does at night or for long periods , other than to get our attention ) , and they object to him being kept in my gallery which is a larger space than some humans live in. He is healthy clean , and well loved by the family , my children adore him and vice versa , we are concientious and love our dog. What can be done in this instance to silence these little people who have been given a little power. Incedently no formal complaint has ever been made to me by any resident , our first notice was the arrival of the SPCA one Saturday morning , and the vet who attended with them was surprised any claim of cruelty could be leveled at us as he said the dog was in wonderful condition and looked very happy and content , the gallery is large / spacious and kept clean ..this is a dog breed which comes from North America and it’s usual climate conditions vary from minus 15 degrees ( extreme cold ) and plus 30 degrees ( very warm) the Mumbai weather is not at all a problem so they have no grounds to complain here of any cruelty. I believe it is more cruel to keep a dog trapped inside a home and it never gets any fesh air …we are originally from the UK and our previous dogs lived outside in kennels in our garden, they were perfectly happy and healthy…i am astounded by the level of ignorance of people in our society whos fear of dogs drives there judgement and harresment of careful and considerate dog owners , and Cheezo is very much part of the family and treated accordingly ..can you give us ay guidance on what can be done legally to silence this harrasment we are facing from out society officials and the mean . resentfull residents .

    Like

    Reply

  14. Hello pet parent,
    We’ve read your story and its a case if human cruelty against pets. You have taken well care of your pet and its high time you consult specialists in this area.
    You may file a DDR against these people in local police station with complete details as this is a non cognizable offence. Also do read your rights on our website and our story too which may help you in fighting your case. Our storyhttp://timesofindia.indiatimes.com/city/gurgaon/Keep-dogs-off-lifts-Condo-tells-pet-owners/articleshow/17081608.cms
    Also may help you.
    As per constitution and honourable courts, dogs are family and if well kept then none can take him away from you.
    For more assistance do write us on petparentsassociation@gmail.com and we will send you legal help free of everything.
    Pets are companion and family and none can take them away from you
    Best wishes

    Like

    Reply

  16. This is illegal and unlawful to charge any amount for keeping a pet by any RWA or society. It is nowhere mention in law that a pet owner should be charged. As per court- a dog is a family and you don’t charge for families.
    Kindly send the letter with guidelines to your RWA mentioning:-
    -Attempts to interfere with, or harass persons who choose to keep dogs, may in fact be tantamount to the very grave offence of criminal intimidation.
    -If the residents that have pets are not violating any municipal or other laws, you cannot object. In fact, even the general body of residents cannot together divest any single resident of any liberty or freedom available to him or her in law. You cannot appropriate to yourself, the right to legislate, and ‘lay down law’ for residents, and apartment owners or even tenants.
    -Even if the power to frame or amend bye-laws is available to the general body, you cannot frame bye-laws that are at variance with the laws of the country. Even by a complete majority, a general body cannot adopt an illegality.
    -Banning pets from local gardens or parks, is short-sighted. Pets that are not properly exercised may show aggression in frustration ; and that, surely, cannot contribute to the benefit of the residents. It may be better to fix timings when pets can be walked without inconvenience to other residents. These timings can then be discussed and adopted by the general body.
    -Courts are viewing companion animals as family, and frowning upon efforts made to curtail their use of common facilities, including elevators.
    -Lastly, please also always bear in mind that if any association succeeds in intimidating a pet owner into ‘giving up’ or ‘abandoning’ a pet, it will actually have contributed to a violation of law ; and may well be aggravating the menace of ownerless animals on the street, that are not accustomed to living on the street and therefore get involved in and lead to accidents, injuries and deaths.

    -If the purpose is to force people not to keep pets, you are breaking the law. The letter from the Municipal Commissioner of Gurgaon to RWAs makes matter is very clear.

    Like

    Reply

  17. What is the best practice according to Municipal Corp Gurgaon, to make your dog poop by road side or within the society you are residing in or cleaning it and put it in a dust bin with in the garbage bag. In my society at Hewo Apartments Sector 31, the “Pradhan” is asking me not to dump it in dust bin as the person who comes in the morning is refusing to pick it up. I told him that its inside a poly bag or garbage bag, u dont need to pick it up by hand, it is alongwith all the other household wastes but somehow “Pradhaan” of my society is also agreeing with him. I usually clean with a newspaper whenever my Lab do it either while playing on the roof or walking in the society or if he needs to do it at any odd time and dump it in the garbage bag in the dustbin. I thought this is what civic sense is and its my responsibility to clean it. Just because I am having a dog, now “Pradhan” of Society is threatening that they may ask me to vacate. My house owner do not have any problem and he is supporting me and the right civic sense. But now, the society “Pradhan” has asked the Person who picks up Kachra to stop picking up from my door steps. Its going on for last one month and its an harassment which is so unbearable. Please suggest..

    Like

    Reply

  18. Dear Sir
    It’s very saddening to know that despite rules and etiquettes being taken up by you in strong manner, pradhan is not understanding the definition of civic sense properly displayed by you in your action.
    Please contact local police authority for such action by pradhan. He cannot legislate by himself any law or ask you to leave society. Please write your case to us at petparentsassociation@gmail.com and we shall reply to you in best possible manner.
    All the best! You are doing a good job

    Like

    Reply

  20. I have a twelve year old Indian breed dog. We live in the Govt quarters in Chanakyapuri. The rear balcony receives sun during major part of the day and my dog likes to sun himself there during the day time. In the evening when we go out we usually leave the door to the balcony open as he tends to get very claustrophobic if left all by himself in an all locked house. Our neighbours have recently started complaining that my dog howls and disturbs them at night which ofcourse is untrue since he is housed in the room that I sleep in and such a thing has never occured in our 1and 1/2 year of stay here. They also allege that he drool down the balcony which dirties their verandah. this is fantastically impossible and I do not know how to deal with such allegations. Please help!

    Like

    Reply

  21. I am from New Delhi (Dwarka) I live in a studio apt.(janta flat) my neighbour who lives here with his 4 children 1 wife 3 sheeps and one dog has made my life a living hell.
    Is there something I can do about it written complaint has done nothing RWA doesn’t care nor does the owner the pets
    I have no problem with his dog I am a dog lover myself but his sheeps they eat my plants they shit everywhere and the mother sheep cries like anything which has started to give me migrane.
    please help

    Like

    Reply

  22. Pingback: Circular issued by the Animal Welfare Board of India, stating the lawful and unlawful aspects of dealing with Pet Dogs and Street Dogs | JAAGRUTI™

  23. Can you help me understand what the obligations of a pet owner is legally? For example if the dog urinates or defecates in lifts or common area what show the RWA do? What do we do with owners that deliberately bring dogs to defecate in the parking lot and does not clean up? What do we do with owners who have a good laugh and enjoy when their aggressive dog intimidates small kids? I am a dog lover myself, but these things happen and no amount of reasoning helps? Can you please guide?

    Like

    Reply

    • Hi, Pet owners are not legally bound to clean up after their pet in Indian cities. You can check with the local municipality if their lical municipality act has anti littering clauses to this effect.

      Like

      Reply

  25. my name is jay saxena . i am residing in 1, gayatri nagar society, s.g. university road, new citylight, surat-395017. my cell no. is 9825186188 and 9909802616. i am a doglover person and keep four dogs in my bunglow. my neighbours and society members often harrass me mentally about this. society has issued an illegal notice to me banning to keep dogs in my bunglow. my neighbour who is a docter often complaints to society about bad odour of dogs actually there is no bad odour and i regularly wash them and keep them clean. my bunglow is near temple. i never complain about loud speakers and chanting of shlokas on loud speakers which actually disturbs me but keeping in view the feelings of other society members i bear with it and cooperate them. my question to all petlovers is that is there any restriction on no. of dogs to be kept in a bunglow? what action should i take to defend myself and stop society people harrassing me unnecesari
    ly? please help.

    Like

    Reply

  26. I live in Wadala east in a 27 floor building. I have a pet boxer and there are several others who also have pet dogs with them. The Management Committee of the Society is telling us that we should use only one lift out of the 3 lifts i the building. The lift assigned to us is for shifting materials is called the freight lift. This lift is also extensively used by the vendors (milkman, News Paper vendor etc). Would this direction given by the MC be a valid one.
    I would be grateful if you can clarify on this issue please.

    Like

    Reply

  27. PUBLIC NOTICE
    On CIRCULAR of GOVERNMENT of INDIA ON PETS AND PET OWNERSHIP in India
    The objective of this campaign is to inform residents of CONDOMINIUMS on ILLEGAL Rules/bye-laws being framed by Condominium Associations/Apartment Owner Associations/Resident Welfare Associations (RWAs) in various parts of the country, with respect to Pets. Please refer to Government of India Circular dated 20 February, 2014.
    It may be noted as follows:
    RWAs do not have any authority to legislate or make any Rules, which may be at variance with India Laws. Neither can residents jointly or severally of any housing society come together to frame any Rules or Bye-laws at variance with India Laws.
    In the past RWAs have attempted to make Rules ILLEGALLY along the following lines:

    • No pets in the society
    • Small size pets vs large size pets
    • Higher maintenance/PENALTIES for pet owners
    • No lift or separate lift for pets
    • Illegally driving out stray dogs from the society ¬- This is a Cognizable Offence
    • Arbitration by RWAs in case of pet bites
    • Muzzle for pets

    • No walking of pets in common areas
    • Unnecessary or harsh leashing
    • Children to not play with pets in common areas or walk pets
    • Disallowing pets to defecate in open areas or levying penalties

    It may be noted that none of the above can be mandated by any RWA or an Apartment Owners Association. As per the Government of India AWBI Circular, RWAs can request pet owners on the points in Box 2, but cannot force implementation or levy penalties. The Authority to levy penalties for any violation as per the law of the land is not vested with an RWA. Putting excess restriction on Pets can also be an OFFENCE under the Prevention of Cruelty to Animal ACT.
    If any binding Rules are made by the RWA or any Penalties are levied, following steps need to be taken:
    1. Keep a record of such ILLEGAL RULES – maintain a copy for reporting to Authorities
    2. If a Fine is levied – maintain a copy of the letter vide which such a fine is levied – SUCH FINE IS COMPLETELY ILLEGAL
    3. Report the matter to the nearest POLICE STATION
    4. Write a letter/mail to the ANIMAL WELFARE BOARD OF INDIA
    5. Report it to the local MUNICIPAL CORPORATION– CAN LEAD TO THE DISSOLUTION OF THE RWA
    Finally – Please note that you do not need to feel harassed by an RWA, which is taking ILLEGAL steps, because the ACTIONS OF THE RWA DO NOT HAVE ANY LEGAL STANDING AND CANNOT BE ENFORCED.

    Like

    Reply

  28. Pingback: Pets and Stray Laws in India - AnimalsWeCare

  29. Hi guys, i have read all the comments and now just wana cry aloud.I want help from u people dont know wht to do u all speak abt associations and all but mine is different.we own a house ie my inlaws as we were newly married and the space was nt sufficient we rented a house just in the same street, and my hubby bought me a lab as a gift. and now we dnt like the owner as he was so rude and commanding and kept the puppy in my inlaws home itself. nw we are constructing the first floor in our own building and due to the dust and noise allergy we shifted to the rented house the pup is 7 months old very bubbly friendly and playful he never barks at people and the owner dint say anything abt having a puppy and as he was there we dint have any issue and today that man came for getting the rent and just shouted at me like i am a slave and all neighbors were staring .he dont want the puppy to b let inside the house itseems and here there is a sitout like thing where its grilled fully and he will b ly there ly two times r so he would come in to play with me i have vaccinated and given de-worming regularly and he is bathed periodically. the ly big issue is we have no one to take him for a walk and so he poops in the side plot which is full of bushes. as im pregnant i cant hold him and my hubby have fullday work we lack at this ly but we do clean regularly but sometimes i miss it out.and nw the construction work will end with in 2 mnths and we have him here only for the past 20 days such heart less person he is he wants to dispose my sweetheart as he dnt leave the house for dogs but ly for humans.im frustrated and dnt knw wht to do he want the dog to b thrown out the next time he comes.and he is saying to keep the dog out in varanda where suna nd rain is a easy possibility and to be chained always. ls do help me twith this elscer is a lucky charm and he is my ly companion in this new place and he is all to me pls help me with this just i feel like making pulp out of the owner how harsh to say to dispose a living soul.Waiting hopefully.and ya i live in chennai

    Like

    Reply

  31. A resident in our building refuses to put her dog on a leash. She lets it roam freely in our compound. This 35-kg, 8-year-old, 5-ft-high labrador had once leapt up on me, with no provocation. Please help.

    Like

    Reply

  32. Please send me the Citaions/Title of the court judgements where the judgements have been delivered protecting the rights of the Pets and the Pet Parents. I am aware that there are many, but please do send me the titles/citations etc. Also if you are aware of any Good Advocate in Delhi NCR region who is known to have taken yup the cases of the Pet Parents.
    I will be Grateful.
    Best Wishes,
    Satin.
    Reply
    Satin also Cell 09341266066
    March 27, 2015

    I am really grateful to Jaagruti, you have really opened up my Horizon.I really do not know How to Thank you.
    I am in Delhi NCR, please do count me in for any thing on Animal/Pet Protection.I

    Like

    Reply

  33. Dear Jagruti,

    This is the second time I am posting here in the name of animal rights.
    I live in Ardee City, Gurgaon and have been facing difficulties with my second floor neighbors. I live on the ground floor of an independent housing society. Me and my mom feed two stray dogs, Brownie and Rani out of which Brownie is lame as someone broke her leg as a puppy. They are both good natured and friendly dogs and other animal loving neighbours feed and look after them as well.
    Unfortunately our second floor neighbours have a huge problem with it and constantly pick fights with us. We have chosen not to retailiate as me and my mom live alone. We quietly feed the two strays in an empty plot across our home.
    On the 8th of March I heard Brownie screaming in pain and went out to see the secomd floor neighbours servant cruelly beating the dog, I asked him not to do so as she was already handicapped and in pain. To which he threatened me and turned abusive. Not wanting to create a scene as I was alone that night I let it go and went inside my home.
    Few days later on the 23rd of March our neighbours from the second floor called me out in the evening and started screaming at me for feeding the dog, once again their servant came out and started misbehaving with me and my mother. An actual fight broke out wherein their serbant viciously attacked me and my mother while the employer egged him on! I had to resort to calling the womens helpline. During the few minutes I took to call the police, tbe neighbour and his servant brought out a lathi and started brutally hitting the dogs. I made a video recording of this! They are also seen threatening me in the same video.
    The police came within minutes and thankfully Gurgaon Police it seems is pro-animal, so they understood the situation, arrested the servant and issued a warning to the neighbours. Still fearing for my family’s safety I have come back to my hometown till matters subside. In the meantime the second floor neighbours have been cruel to the dogs and chased them away. Other neighbours have objected to their goonish ways as well but to no avail.
    They are now threatening to harm my 4yr old Black Pug Romeo or have him taken away by the MCD. I am really afraid and would like to get him registered/ licensed but do not know how tO go about it. Could you please help me understand better the laws against cruelty to animals. Also can I legally file an FIR against these people for hurting/harming the strays. A lot of people have seen them doing so.
    Please reply and help me out. Are there any authorities I can go to in Gurgaon?

    Like

    Reply

    • You should have fought this out earlier for Brownie and Rani, Esha…where are they? There is such a strong animal welfare community in Gurgaon that you coukd have touched base with like Mr.Amit Chaudhery of People for Animals Gurgaon 9811703501

      Like

      Reply

  34. Dear Jagruti
    Please let me know how I can get justice for the following predicament i am facing…
    I have 2 dogs (one of them rescued and the other one obtained as a pup from a friend) who are very friendly. I have lived in this colony for 12 years in Goa and i was shocked a couple of months back as i saw a Board stating “No Pets Allowed in the Garden Area”. I walk my dogs outside the Garden to finish their urination and defecation jobs and then later bring them only to sit in the garden and eat a little grass which is good for them..the Kids love my dogs and play with them. They are a number of dog owners in my colony who are upset about the same issue.Kindly mail me the laws stating that the Society cannot put up such notices and kindly guide me as to how I can tackle the Matter.
    Thanking You so Much.
    Regards
    Valentina

    Like

    Reply

    • Firstly, please do not worry.

      The more you worry the more people will scare you.

      Please find the link to the recent Animal Welfare Board of India circular in this regard. http://www.awbi.org/awbi-pdf/pet_dog_circular_26_2_2015.pdf. Please read through it and share it with anyone who harass you for walking your pets in the park provided you are being a responsible pet owner and have your pet on a leash with proper control on his movements. Also, if the harassment continues, please contact Ms.Norma Alvares, Padma Shri and senior advocate who is also the founder of People for Animals GOA

      Like

      Reply

    • Hi Valentina, I have just shifted to Goa and no society is allowing me to have pet. I already have a 1n hlf yr pet whom I cannot abandon. Please suggest societies where I can kp my pet along. its urgent as I hv to find a home asap.
      anybody still active pls suggest

      Like

      Reply

  36. Dear Members of Jaagruti,

    I am facing similar situations with my society where they are stating that my pet must be taken only in the service elevator and through the basement. I tried searching for Norma Alvares contacts but have not been successful. Also, being in Bangalore, is there someone local that I can reach out to? How do I call you to have a chat regarding this?

    Like

    Reply

  37. Even after the new ruling, If a RWA tells they are not bothered about the new ruling and still keeps irritating the family to give away the dog and send threatening letter, stating they will get the corporation take away the 4 months pup if we dont give him up on our own. What can be done ? Now he is 6 months old pup and need to be trained, but the RWA [Association- NOT the resident but a single association member who has been against him since the beginning] is against the dog trainer coming in the colony and still telling we are not to have the dog. Now this is heights of people thinking they are above the Indian government ruling, just stickup with their thinking. What can be done now?

    Like

    Reply

    • File a police complaint on grounds of Criminal Intimidation and harassment against these jerks! Hire a legal counsel if need be..also drag them to the consumer court for trying to rob you of your rights

      Like

      Reply

  38. I live in a newly built society in Thane. The thing is our society’s RWA has banned the dogs from being walked on the walking trail or taken to the society’s park.
    Now before you all go hysterical, there’s two sides to this story.
    I, as such, do not have a dog, but I am very familiar with the few dogs we have in our society and know the strays by name. My mother was on the RWA when this act was passed, and she used to have both a dog and cats when she was younger. She knows the value of pets, and the only reason our family hasn’t gone in for a pet is that my parents worry about what would happen to it once I head off for college in two years. And as a person with enough influence, she would have no reason to ban pets.
    But the thing is, in our society, its the pet owners who refuse to cooperate. They are well aware that there are people who aren’t very comfortable with dogs, yet only bring their dogs out for when they have to do their business. And this is always around the same time every one is out in the garden walking or playing. This has caused some conflict.
    My mother had actually suggested the timings, but it had been shot down. The pet owners only want to walk their dogs when they have to do their business, and most often the dogs don’t get enough exercise. While this may be fine for older dogs, the younger ones are hyperactive and can cause troubles.
    With no one agreeing to their offers to compromise, the RWA in our society bad to put a ban. And personally, u know that dog means a lot to you, but does that mean that you’ll refuse a society’s offer to find a middle ground?
    Does anyone have any advice on pet owners who are unwilling to cooperate?

    Like

    Reply

    • Hi Niharika, thanks for the message and sharing your thoughts. You can make the non cooperative pet owners read this notice i.e. February 2015 dated issued by AWBI (Animal Welfare Board of India, Ministry of Environment, Forests and Climate change, Government of India) circular regarding pet dogs : http://www.awbi.org/awbi-pdf/pet_dog_circular_26_2_2015.pdf and get the dog owners to agree on the dog walking timings in the park..see if this helps and let us know

      Like

      Reply

  39. I am facing similar issue as i have just moved to a new society in Pune where the family living above us have a problem with my Dog and keep threatening me that they would harm the dog or me and are asking me to leave the dog on the streets..I have spoke to the landloard about this and he has no problem with me keeping the dog but he doesnt want to Speak to the people who have a problem with my dog is there anyone who i can contact like People for Animals in pune where i can put as end to this problem as i stay with my wife and i am also concerned for her safety as well

    Like

    Reply

    • Firstly, stop fearing so much! Your pet is as much a family member as is your wife. Defend his rights. Fight for him because by having a dog you are NOT breaking any law. It is your right to have one. No one can ask you to abandon him or force you to do so. You are requested to read the February 2015 dated AWBI (Animal Welfare Board of India, Ministry of Environment, Forests and Climate change, Government of India) circular regarding pet and street dogs : http://www.awbi.org/awbi-pdf/pet_dog_circular_26_2_2015.pdf and take print outs and distribute around.

      You should also contact Ms.Meher of ALERT-Animal law enforcement rescue team.Pune on 9850089239

      Like

      Reply

  40. Pingback: Pets and Stray Laws in India | Animalswecare

  41. Since few days I’ve been harassed not to do dog walking inside/outside community premises. Every morning I take my dog outside my society to an open space where it can relieve itself. Usually all the trash is dumped there. And when I pass thru a road to reach there the watchman of upcoming society is daily harassing me for walking on a private road where thousands of people commuting everyday. He said the builder has asked not to allow me and my dog to use this road. Could you please help me about my rights. After doing lots of research online I could get one article that said according to law cars,bike riders,pedestrian and dog walking on private roads is a lawful act .
    And the irony of situation is when I tried to express my plight and get help from our committee member of society he rudely replied that he cant do anything its non of his business and that my dog cant use the community space either.
    Me and my husband submitted the circular – animal welfare board of India to secretary in the society office .
    Please let me know what rights I have on private road passing outside my society.

    Like

    Reply

  42. hello,

    i live in new friends colony , new delhi and the raw has put up signs that no dogs are allowed in colony parks!

    i do not know the correct law regarding this so can someone please help me ? i am willing to clean it up as well after he poops but am i allowed to the enter the park with my dog or not ?

    thanking you,

    Akshay gupta

    Like

    Reply

  43. Pingback: Do Pets Know When Your Pregnant - Maternity Fashion

  44. Pingback: How Do Dogs Act Around Pregnant Women - Maternity

  45. Can you help me??
    I own a boxer , age 2 yrs, my society is preventing me from using common area for walk . Is there any law for this and how i can react ?

    Like

    Reply

  46. Hi Team Jaagruti, I appreciate the work that you do!

    I have a potential situation developing in my apartment complex, near bannerghatta road, Bangalore and would like to seek guidance.
    I have relocated to this apartment complex on 30th April 2016 as a tenant. I was extremely transparent with my landlord from the first interaction and relayed that i have 2 dogs who live with me for the past 5 years. He had no objection as long as the society allowed it. I also checked with the security whether there were any challenges wrt residents/tenants keeping pets, and they also confirmed that there are already at least 2-3 other families living who own pets. I conveyed this to my landlord and based on his affirmation i got into a tenancy agreement and relocated.
    On Sunday 1st May 2016, i get a call from the builder stating with whose permission have i moved pets into this apartment? I explained the above details mentioned above and he asked me make arrangements of moving out immediately. He was extremely aggressive and also told me that whoever lives in this apartment complex with pets will be evicted.
    Subsequently i also had a chat with my landlord, who i believe is not going to support me on this matter, thus i am unsure as to the way ahead. Furthermore, the builder is managing the premises and i believe that the association has not yet formalized, which i think is going to happen only post July 2016.
    Post my interaction with the builder on 1st May, i haven’t heard back.

    Can you please advice?

    Like

    Reply

  47. Hi Jagruti, I ahve relocated to Goa from Delhi and actively looking for appartment but every broker/ society states that pets are banned and not allowed. please help me find a solution for this. i just cant live without my poochh and just cant abandon coz of a house.
    please help me on immediate basis how to deal with this and whom to reach out for help.

    thanks,
    Chandni

    Like

    Reply

  48. Hi,
    Jaagruti
    I love in Lucknow,U.P we have a Labrador, he is 3 years old and is perfectly fit sometimes he has issues while climbing up to our apartment on 6th floor, so we use our apartment lift but now our apartment association has imposed a fine of 500 on us for every time our Saint uses the lift. They want us to bring him from the bigger lift which they use to take the garbage up and down, we even tried that but it proved fatal for Saint and we almost lost him last summer. Doctors said that Labs catch infections to dam easily. But the Association is not ready to listen. Is there any way you can help us? any suggestion what to do in that case?

    Like

    Reply

  49. Hi Jaagruti,
    My RWA (in Hyderabad) is “advising” us to ensure that our pets pee and poop “within the house” and not on their walks within the compound. Alternatively, they’re asking us to walk our dog outside the compound premises.
    Additionally, the RWA is enacting a policy that will ban pets from being walked in the garden area. The AWBI circular from Feb 26, 2015 merely states that “seeking to ban pets from gardens or parks is short sighted” and only recommends that “it may be better to arrive by consensus at timings acceptable to all residents, when pets can be walked without inconvenience to other residents”.The RWA has been shown the circular, and they own up to the fact that this policy is short sighted, but they point to the fact that this circular doesn’t say that they can’t ban pets from the garden area. They say that 90% of the other residents (non-pet owners) want it. My dog’s in good health, is very friendly, and loves to play in the garden area.
    I am extremely uncomfortable with the situation, and am considering shifting houses, but need your help in understanding what my options really are.
    Thanks.

    Like

    Reply

    • Buy a Pet Poop Scooper from Amazon and fearlessly walk your dog. We just need to be responsible as pet owners. No one can enforce unruly dictats on you as pet owner in contravention of the AWBI issued circular

      Like

      Reply

  50. Hello Everyone,
    Despite such judgements, why societies are still allowed to go away with pet bans without any serious implications. Isn’t it a fundamental question to ask such behaviour of societies showcases their ill mindset and negative attitude which is non-progressive in nature?
    I strongly feel that societies, builders and people who are in their interest banning pets from apartments and using facilities like lift and garden should be strongly dealt and local police shd be empowered to even arrest such people on charges of harrassment on the poor pet and the pet owner.
    Activits who are reading my msg pls fight on this quickly to bring it to immediate effect.

    Like

    Reply

  51. Leave that building. It’s residents don’t deserve lovely people like you and your dog. Move to another place where you and your dog are loved and cherished.

    Like

    Reply

  53. We live in Gurgaon dlf phase 2,. Heritage City. Unfortunately here also the society has a very negative anti dogs attitude and perspective and it is such harrasment for pet owners to constantly keep fighting with the other residents despite having them shown the circular multiple times. They seem to have immense hatered for dogs!

    Like

    Reply

  54. Hi I’ve 1.8 months old pitbull mix dog (Oreo). My society members are not allowing me to take my dog for walk in day time. I can only allowed to take him before 6am in morning and after 10 pm at night. He is able to hold natur call for 16 hours. He is bit aggrasive but I always make sure to tie him in Properly. Please help me 🙏

    Like

    Reply

  55. Gud day sir,
    My name is v.srinivas, i am staying in miyapur, hyderabad, my appartment name is SMR VINAY FOUNTAIN HEAD,it is gatted community, i am requesting you sir kindly give the guidance that what r the rules and regulations in RWA regarding the pet dogs issues not to interfear with tenenats and owners of the flats
    my problem is i am having 2 dogs one is german shepard, another one is golden retriever, both dogs are good health condition. today morning after 8 am in the morning i am taking my dogs for walking outside the society and returned back the lifts are not working for so many days in one of the corner lift is working i am taking dogs inside one of the flat owner has come and says to me that not to enter in the lift she says to me i argued to that why should not to take the dogs in main lifts the service lifts is not working and middle lifts is also not working i told them they r not listening to me at all,the service lift is also not working so many days i told them were should i take the dogs in the lift is it suitable in other lifts or only in service lifts we use to take dogs in the lifts . i request you sir kindly give rules and regulations about rwa, and others not to interfere other matters , to whom should i contact kindly help me and solve the problem .

    Like

    Reply

  58. Hello all,
    Im facing same kind of issue in reputed society in Chennai Porur,
    They are forcing me to use service lift which stinks, has cockroaches and other filth of building.
    more over the lift has no air circulation and its difficult to stand in lift due to suffocation in hot humid chennai weather.
    we also requested the association as covid is going on , n its not hygienic but they are adamant on this rule. we had no choice, we agreed and continue to take our pet in dirty lift.
    But once the service lift was out of order and i took passenger lift instead, inspite having 2nd passenger lift (which could have been taken),the lady started abusing me and also threatened to kill me and my dog. im in shock.
    they have a whatsapp and telegram group where i came to know are shaming me and using bad language against me. they are bullying me.
    Can anyone please advise how can i take up with authority through proper channel.

    Like

    Reply

Leave a reply to Tara Cancel reply