Constitution of India

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To all those of you who are being harassed by their neighbourhood for tending to animals….

Please remember that for the animals, if not for yourself, you need to be strong and fight this out.

While you can approach local animal welfare organisations or animal activists, but in the end, it is a fight you will have to fight on your own, for yourself and the animals you care for…

  • If talking to people and explaining them the below mentioned laws and constitutional provisions doesn’t help, then, whether you like it or you don’t, you need to approach the Police and file an F.I.R or Police Complaint against all the people who are harassing you, abusing you, threatening to kill/harm you/your property and the dogs/other animals you care for.
  • Be sure to mention full names and addresses of all the people who are harassing you and give complete true account of the matter, without exaggerating facts – take help of the points stated below to put your grievances and facts across and mention why you are seeking help from the Police and reporting this matter.
  • There is no law that prohibits feeding of street animals, and citizens who choose to do so are in fact performing a duty cast upon them by the Constitution of India. Persons, who are trying to interfere with their effort, or display aggression, can be held liable for having committed the offense described in the Indian Penal Code and criminal intimidation.
  • Moreover, as per Indian law, street dogs cannot be beaten or driven away. They can merely be sterilized in the manner envisaged in the Animal Birth Control (Dogs) Rules, 2001(Rules under Indian Prevention of Cruelty to Animals Act (PCA), 1960), vaccinated, and then returned back to their original locations.
  • If your municipality is not doing the same, you can file a Police Complaint or FIR against the local Municipal Corporation for flouting the laws and rules mentioned above, which need to be complied with throughout the country, as PCA Act is a Central Act, i.e. it is applicable across the country and the local Police has been mandated with the responsibility of enforcing this act and reporting/booking violations/offenders.

Constitutional provisions:

  • Article 51A of the Constitutional Law of India, speaks about the duties of every citizen of India. One of these duties includes having compassion for living creatures (Article 51 A (g) of the Indian Constitution). Those who look after animals and other creatures of God are thus protected under the Constitution.

 

  • Article 19 of the Constitution of India, deals with right to freedom and in this freedom are included the right to profession, occupation, trade and business. Therefore, it means that every citizen has the right to occupation and if someone has taken the caring of animals as his occupation, it is legal and he has every right to carry on with his occupation.

Legal provisions:

In a Judgment passed by the Delhi Court, it has been stated that the Animal Welfare Board of India and the Municipal Authorities have in the guidelines issued by them specified the problem often faced by individuals and families who adopt and feed stray animals. The court says that it is necessary to bring into record that these individuals and families who adopt stray animals are doing a great service to humanity as they are acting in the aid and assistance of Municipal Authorities by providing these animals with food and shelter and also by getting them vaccinated and sterilized. Without assistance of such persons no local Municipal Authority can successfully carry out its ABC programme. The Court has proceeded to say that the local police and the municipal authorities are under obligation not only to encourage such adoption but also to ensure protection to such persons who come forward to take care of these animals specifically the community or neighbourhood dogs so that they are not subjected to any kind of cruelty, finally, the Court has said that every individual has the right to live his life in the manner he wants and it is necessary that the society and the community recognize it.

  • If you are a woman/girl who is being abused/harassed/threatened by neighbours/people around for being kind to animals, please also note that you can lodge F.I.Rs against these people Under Section 509 of Indian Penal Code (U/S 509 of IPC) – which is a cognizable offence.
  • Under the Govt. of India, Animal Birth Control Rules 2001 (drafted under the Indian Prevention of Cruelty to Animals Act 1960), no sterilized dogs can be relocated from their area. As per five different High Court orders, sterilized dogs have to remain in their original areas. If the dog is not sterilized, the Society can simply ask an animal welfare organization to sterilize and vaccinate the dog. They cannot relocate them. Relocation is not permissible, as it would cause more problems such as an increase in dog bites as new dogs will move into the area who are unfamiliar with residents and therefore more likely to be hostile. All problems of stray animals have to be handled within the institutional framework available. No association, recognized or unrecognized, shall take recourse to any action regarding stray animals on their own, either themselves or through any person employed by them like security guards. While residents and Associations are free to address institutional agencies for redressal of grievances in this matter, no resident/association will interfere with the freedom of other residents in caring and attending animals.
  • Section 11 of The Prevention of Cruelty to Animals Act, 1960 forbids the displacement of Animals from its natural environment into an environment that is hostile to it, where the animal may be injured/hurt/maimed or killed due to lack of food or fights with other animals. Also, please remember that Prevention of Cruelty to Animals Act 1960 is a Central Act, i.e. it is applicable throughout the country and the powers to enforce this law have been given to the Local Police.
  • Additionally, Section 429 of the Indian Penal Code also provides for imprisonment and fine, in cases involving animal cruelty. Section 429 in The Indian Penal Code, 1860, a Central Government Act, reads as follows:

“Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees.– Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, of any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment or either description for a term which may extend to five years, or with fine, or with both.”

Following are some of the self-explanatory documents that one can look up and refer to:

1. A 2 page circular issued by the Ministry of Personnel, Public Grievances, and Training, on the aspect of street animal feeding and prohibits central government employees from harassing street dogs or those feeding/looking after them.

https://jaagrutiindia.files.wordpress.com/2010/04/public-grievances-circular-pg-1.jpg

https://jaagrutiindia.files.wordpress.com/2010/04/public-grievances-circular-pg-2.jpg

2. The Animal Birth Control (Dogs) Rules, 2001.

https://jaagrutiindia.files.wordpress.com/2010/04/the-animal-birth-control-dogs-rules-2001.pdf

3. A directive issued by the Animal Welfare Board of India, constituted by the Ministry of Environment and Forests- provides immunity to animal feeders and restricts RWAs from harassing people tending to dogs.

https://jaagrutiindia.files.wordpress.com/2010/04/awbi-direction.pdf

4. M.C.D. (Municipal Corporation of Delhi) notification, showing the approach of the M.C.D. with regard to street animals, which is based on the law of the land.

https://jaagrutiindia.files.wordpress.com/2010/04/mcd-notices-toi-march-2009.jpg

5. A Times of India news report regarding a Delhi High Court direction to the police to protect persons who feed stray dogs.

https://jaagrutiindia.files.wordpress.com/2010/04/times-of-india-article-on-feeding.pdf

6. A Hindustan Times news report regarding the view taken by the Supreme Court regarding stray dogs.

https://jaagrutiindia.files.wordpress.com/2010/04/ht-article-24th-jan-supreme-court-stays-bombay-high-court-order.jpg

7. An order passed by the Additional Chief Metropolitan Magistrate, Delhi https://jaagrutiindia.files.wordpress.com/2010/04/addln-chief-metropolitan-magistrates-order-on-street-dogs-of-india.pdf

8. A Dossier of Indian Street Dog related laws and court rulings – https://jaagrutiindia.files.wordpress.com/2013/03/a-dossier-of-indian-street-dog-related-laws-and-court-rulings.pdf and Copies of other court judgments can be downloaded from http://www.strays.in/index.php/legal-precedence-faqs-judgements-court-cases-drafts/

9. Reporting a crime and lodging an F.I.R or Police Complaint-

https://jaagruti.org/2013/12/13/reporting-a-crime-all-about-lodging-an-f-i-r-with-the-police/

If you want awareness workshops held in your company or Institution on the subject of animal laws and welfare, for audience in any age-group, please write to us on contact@jaagruti.org

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The law on pet owners in apartments

The Hindu published the following article on the laws pet owners have to keep animals in their houses

With apartment complexes becoming the norm, it becomes important for pet owners to understand their rights and responsibilities, for the welfare of their pets and their neighbours. Residents sometimes find a letter taped to the notice board (on behalf of the Apartment Association) that says that pets are banned and that owners must either vacate or abandon their pets.

“This is tantamount to harassment, and utterly unlawful,”says Anjali Sharma, Advocate, practising at the Delhi High Court and Supreme Court of India, who is an Executive Committee Member of, and Legal Advisor to the Animal Welfare Board of India. “Apartment owners’ associations and residents’ welfare associations cannot ‘legislate’. They cannot take it upon themselves to issue ‘edicts’ and restrict rights available to citizens. There is no law enacted by Parliament or any State Legislature that ‘bans’ companion animals. At best, municipalities and local authorities can regulate, or insist on registration or licensing of pets. These high handed circulars and letters suddenly taped to notice boards are therefore illegal. By pressurizing people to abandon their pets in this manner, they actually compel them to violate the law, since Section 11 of the Prevention of Cruelty to Animals Act, 1960, declares the same as being an offence.”

She notes that consumer courts at Mumbai have at least on two occasions upheld the rights of residents faced with similar harassment, and observed that in the present times, pets are akin to children. Denying pet-owners the right to use elevators or common areas with their pets has been held to be deficiency in service on the part of these associations. She therefore urges pet-owners to stand by their companion animals in the face of such harassment, and refuse to ‘give them up’, or abandon them.

These rights, however, do come with duties. Pet-owners must earn the goodwill of neighbours by keeping their dogs on leash while in common areas and cleaning up after them if they soil the place. Sharma tells pet owners that being considerate is a must, and a basic courtesy. “Be reasonable”, is her simple, yet powerful advice to pet owners. “Exercise care. Ensure that their vaccinations are always up to date. And always walk your dog with a leash”. She signs off with the advice that being a responsible pet parent is important to ensure harmony in community living.

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Pets and Resident Welfare Associations (RWA): How does the law treat your pet?

Everyday, we receive many queries and calls over the Jaagruti helpline complaining about how their Residential Society’s Welfare Associations (commonly abbreviated as RWA’s) putting up notices ‘banning pets’, coming out with ‘no pets allowed’ clauses in their society bye-laws, ‘asking people to abandon their pets’, ‘mistreating street dogs’ etc. The article below by Rishi Dev of Citizens for Animal Rights, is a must-read for all those facing such a situation. This article explains as well as empowers you with information to fight your own respective battles in this regard for your sake and for your pet child..who has no one other than you in this world to fight for him/her or their rights.

Guest Post* by Rishi Dev, Citizens for Animal Rights

In 2010, the Central Mumbai Consumer Disputes Redressal Forum gave a strong directive to a group housing society who was charging a pet owner resident monthly fees for using lifts. The court clearly said – “Dogs are part of a family hence they have the right to use the lift just as any other member, and we cannot decide who is a family member and who isn’t, each family decides for itself.”

Before this in 2008 a similar order came from a lower court that clarified that pets are part of family and cannot be restricted from living or using the residential complexes.

In 2012, the Gurgaon Municipal Corporation was the first of their kind to issue strict notices to all CGHS and RWAs in Gurgaon, warning them not to formulate rules and regulations against pets and that any such move is in conflict with the law. The notices clearly stated – “Such a move may lead to dissolution of the RWA and prosecution of its office bearers, says the letter. It is illegal to remove animals from the area through security guards employed by RWAs. Nor can they intimidate residents who may be feeding those animals. Under stray dog management rules 2001, it’s illegal for an individual, RWA or estate management to remove or relocate dogs. The dogs have to be sterilized and vaccinated and returned to the same area. Vaccinated and sterilized dogs cannot be removed by the municipality too. Under Section 506 of the IPC, it’s a crime to threaten abuse or harass neighbors who feed animals.”

So what is origin of these laws protecting dogs and cats from humans who treat them unequal?

The system of law in Indian is a tiered system, based on Arthashastra from 400 B.C. & Manusmriti from 100 A.D. wherein the central philosophy was tolerance & pluralism. This is the reason the constitution declares India to be a sovereign socialist secular democratic republic, assuring its citizens justice, equality, and liberty.

The hierarchical system of Indian constitution thus forbids the lower hierarchies to overrule or override the higher orders, laws, directions or acts. This means that if Supreme Court says ‘yes’ to something, the ‘no’ by the high courts’ gets automatically nullified. This hierarchy comes down to the lowest local urban body or court. In India most courts have already ruled in favor of the animals in all respects. Hence any organization, individual or body ruling or following actions against such orders are automatically breaking the law and in contempt of the constitution and the honorable courts.

There are laws and constitutional provisions directly allowing people to take care of animals, whether inside or outside their places of work or living. The laws clearly protect people and their animals from all kinds of discrimination.  The Indian constitution states them very clearly via various sections. Article 48-A – “The State shall endeavor to protect & improve the environment and to safeguard the forests and wildlife of the country.” Article 51-A deals with the fundamental duties of the citizen.  Article 51-A(g) states – ” It shall be duty of every citizen of India to protect & improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.” Article 19 deals with the fundamental rights of the citizen. So “Right to Protect the Environment ” comes within Article 19. After the Stockholm Declaration in 1972 the Indian Constitution (Forty-second Amendment) Act, 1976 inserted for the first time specific provisions to protect & improve the environment. I.P.C. Section 428 and 429 provides severe punishment to people resorting to dislocation, abduction and acts of cruelty towards community animals or pets. Ministry of Public Grievances notification and a similar notification by Animal Welfare Board of India dated March 2008, provide immunity to animal feeders and restrict government employees or bodies such as Resident Welfare Associations from harassing people who try to feed or help animals. Article 25, 26, 27, 28 provides religious freedom to all citizens and preserves the principle of secularism in India. According to the constitution, all religions are equal before the State. Citizens are free to preach, practice and propagate any religion of their choice in their own way. Keeping or feeding animals is a part of the same right. The other acts which protect animals are The  Environment (Protection)  Act – 1986 & Wildlife (Protection) Act 1972.

Hence, anyone taking care, keeping pets or street animals has natural immunity in the law. There are many orders pertaining to street animals by many courts. But in the recent times many RWAs have shown their autocracy over residents keeping pets. Keeping the same in mind the Animal Welfare Board of India and many municipal corporations have time and again written to the Registrar of Societies (ROS) and their RWAs to refrain from these undemocratic actions.

An RWA is a private, representative body which has no legal sanctity. It is just a group of people who have come together and formed a club. Their resolutions and bye laws are not legal mandates and especially if they violate the fundamental rights of a citizen or even more goes against an existing court order. Such RWAs can be legally prosecuted and if need be can face fines or imprisonment or both. Such precedence has been set before. If any resident faces such harassment from RWAs, must immediately approach the local magistrate and file a complaint of harassment and violation of their fundamental rights. The complaint must also be sent to ROS asking them to dissolve the RWA with immediate effect. AWBI must also be approached for taking appropriate legal action against such RWA members.