Mumbai

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Important Notice from Animal Ambulance Community of Mumbai Region

Private Animal Ambulances are working hard even during Lockdown in the City of Mumbai, Maharashtra.

They are here to help animals in distressed situations, they are for Small Pets and Street Animals, and are paid services: some of them may voluntarily subsidize their rates for ferrying street animals to pet clinics or animal hospitals; and beinging them back. Caretakers of these animals are expected to accompany their animals.

These Private Animal Ambulance services are working day and night for rescues and emergency cases.

Please feel free to call them on the below mentioned numbers, however, BE PATIENT, RESPECTFUL and DECENT with them, everyone is trying to do the best they can in these times –

Sunil Pachupate – 9833544414
Pradip Kadam – 9892481023
Rajesh Savla – 9930906026
Yogesh Sagveka – 9869186735
Tirupati Balaji – 8082056950
Mehul – +91 98202 81309
Yogesh Shinde – 9664699356
Hitendra Mota – 8369081332
Nanu – 9819626311
Anil Pachupate – 9820521218

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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.

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“Feeding stray dogs is not a crime”: Mumbai Court clears duo arrested, humiliated for feeding dogs

Today’s Mumbai  Mirror reports this heartening news, as reported by their correspondent Yogesh Sadhwani:

Court clears duo arrested, humiliated for feeding dogs

Sanjeev Dighe (pictured) and Yatin Mhatre were paraded around, ostensibly to show other residents what happened to people who fed strays (Courtesy Mumbai Mirror_2nd April 2012)

Two animal lovers from Thane, who were arrested and humiliated two years ago after a stray dog they used to feed allegedly bit a resident, have finally been acquitted, with a magistrate court ruling that feeding strays was not a crime.

The order provides welcome relief for animal lovers in the city, many of whom are pulled up by their housing societies for taking care of strays. Only recently, well-known director Partho Ghosh had a quarrel with his society management when he was fined Rs 1000 in his maintenance bill for feeding two stray dogs. His family, incidentally, had been taking care of them since they were pups.

This order is only the first victory for Sanjeev Dighe and Yatin Mhatre, who are fighting a separate case in High Court against the State and the police for handcuffing them and parading them around their society. In this, they are being represented by Mahesh Jethmalani and have the backing of, among others, Maneka Gandhi.

For Dighe, a commercial artist, and Mhatre – both residents of Lok Puram complex in Thane – the nightmare started on September 20, 2009. The duo had been feeding strays in their locality for several years, something that had led to many altercations with society members. Dighe says the residents believed this would lead to an increase in the stray dog population in the area.

That night, Dighe was getting ready to go out and feed the strays around 10.45 pm when a posse of cops arrived in a private vehicle and asked him to accompany them to Vartak Nagar Police Station. Mhatre accompanied him there, and a few hours later, the duo were booked under Section 289 of the Indian Penal Code, which deals with animals in a particular person’s care attacking someone.

The next morning, both were handcuffed and taken to their society, where they were paraded around, ostensibly to show other residents what happened to people who fed strays. They were then taken to a holiday court, which released them on bail.

In a recent order, Jaishree Poonawala, judicial magistrate first class, remarked that “feeding stray dogs is not a crime”, adding that strays were not the same as pets and certainly not the sole responsibility of those who feed them.

“After our arrest, Maneka Gandhi personally got involved and helped us file the petition in HC through Mahesh Jethmalani,” said Dighe.

This order itself has come as a huge relief to Mhatre and Dighe. “Finally justice has prevailed. Several people like me are often victimised by residents who do not like others feeding strays. We hope this order will help others like us,” said Dighe.

Ajay Marathe, a noted animal rights activist, pointed out that incidents of animal lovers being victimised were common in Mumbai. “Those who feed dogs in their area are treated badly. Most residents are against such feeding and come up with random rules to stop them,” said Marathe.

RK Joshi, convener of Committee to Monitor Animal Welfare Laws in Maharashtra, has recently written to the BMC commissioner highlighting the issue of societies trying to get rid of stray dogs.

He has pointed out that years after Bombay High Court laid down the guidelines for dealing with stray dogs – the HC has put an emphasis on animal birth control and sterilisation – people continued to harass dogs and animal lovers.

“There is growing tendency in housing societies not to permit stray dogs on the society premises or even in the vicinity. There have been instances when dogs are brutally assaulted by the society members or the watchmen,” the letter states, adding that instances of animal lovers being assaulted were common.

The letter urges the commissioner, who is also the chairman of the Monitoring Committee, to urgently look at these issues and ensure that animal lovers and dogs were not harassed.

~~

Ms. Anjali Sharma, Advocate and Legal Advisor to the Animal Welfare Board of India, says that what is extremely significant is this part: “In a recent order, Jaishree Poonawala, judicial magistrate first class, remarked that “feeding stray dogs is not a crime”, adding that strays were not the same as pets and certainly not the sole responsibility of those who feed them.”

This is, as Ms. Sharma explains, because these men had been arrested under Section 289 of the Indian Penal Code – ‘negligent conduct with respect to an animal’, after a stray they were feeding bit a resident of the locality. Section 289 applies to pet dogs, but there has been an increasing attempt on the part of many, including police, R.W.A.s, etc. to bring feeding of strays, and any aggression the strays may show if provoked, within the ambit of this Section.

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Kite flying…and birds dying: Understanding the connect + bird helplines in Mumbai, Baroda and Delhi

Credits: This article has been posted here thanks to the information circulated by Charu Shah through the Facebook Group ‘Awareness on  Kite Flying’, Neha Patel (from Baroda, Gujarat), Nilesh Bhanage (from PAWS Mumbai), Fauna Police (at Delhi) , Wildlife Rescue (at Delhi)

Every year, the festival of Makar Sankranti (falling this year on 14th January 2011) is celebrated with a lot of joy and cheer, but hardly few people know that this joy causes death to many innocent birds.

People use manja/kite string made of glass, so that the kites they fly don’t get cut easily and fly higher, but what they don’t realise is that the same threads responsible for killing a lot of birds every year while crippling others for life.
This glass manja (glass powder treated string or also called Chinese string/manja)gets entangled in the trees and cause death not only on that particular day, but for months after that.
The legs or wings of the birds that sit on those trees, have nests therein or fly past its branches get entangled in this manja, and stay there, sometimes hanging upside down for days …on end, bleeding, and dying a slow miserable death.The most common bird to fall prey to kite flying in the city of Delhi is ironically a raptor bird, known as Kite (to learn more about this, read this article till the end). 

Apart from regular birds like sparrows, pigeons, crows, some exotic birds, who have migrated from far off places across the world, also get entangled in the web of glass manjas and loose their lives.

Not to mention here that many humans also get their throats and fingers slit because of these manjas hanging lose all over the place.
So if possible, please celebrate the festival spreading cheer and not death! 

(Design Courtesy: Fauna POLICE)

Attached below are come contact numbers for bird rescue in Mumbai (Maharashtra) and Baroda (Gujarat).

All these numbers have been verified by Ahimsa in malad and by Charu Shah, so please forward this piece of information to all your contacts, and please try to save a life this year!

Please note that some of these people listed below may not have an ambulance service to come and take the injured bird, but YOU CAN (and should) definitely take an injured bird you spot to either of these people and request them to administer it medical treatment and take care of the bird until it is fit to fly again.

For injured birds in MUMBAI, please contact–
•Mr Jain (Borivali- takes care of injured birds,no pick up)- 28063705
Hiren Shah (Malad)- 9820271492
Ahimsa (Kandivali)- 288804195/ 9833962399
•D.K. (Malad/ Kandivali East)- 9820948506
•Jayesh (Malad/ Kandivali West)- 9702440194
•Rajesh Doshi (Goregaon/ Jogeshwari)- 9892465888
•Karuna (Parle)- 65151313/ 65141313/ 9819100100
•Manish Vora (Parle East)- 9819142001
•Nimit Vora (Parle East)- 9819133735
•Vimal Shah (Parle East)- 9821303057
•Sureshbhai (Parle West)- 26127035
•Sunil Shah (Santacruz/ Parle/ Andheri East)- 9821588894
•SPCA (Parel)- 24137518/ 24133598/ 24135285
•Manav Mandir (Worli Naka to Colaba)- 23080319
•WSD (Cuffe Parade to Mahim/ Sion)- 64222838
•Vardhaman Sanskar Dham (Ghatkopar/ Powai/ Vashi)- 65252573
•PAWS (Dombivali)- 25820571/ 9820161114/ 9869376238
•Thane SPCA (Thane)- 9322271966/ 32612344
•IDA (Deonar)- 32681418/ 9320056581
(Vashi)- 32681419 /9320056585
•Fire brigade- 101

More bird helpline numbers shared by Nilesh  Bhanage from PAWS–
PAWS Helpline – 9820161114 / 9920777536
Thane – Avinash Bhagat – 9892061899
Dombivli – Nilesh Bhanage – 9820161114
Kalyan – Samir Nevgi – 9930232710
Ulhasnagar – Neetu John – 8080208363

Bird Helpline Numbers in Vadodara (Gujarat) : 9377666964 , 9898693659 , 9925058137 , 9904716996

Why do so many Raptors get injured in Delhi because of kite strings?

 

Poster Courtesy: PAWS

 

 

 Delhi is one of the largest  producers of meat, as a result of which large amount of meat scrap gets dumped across various corners of the city in illegal slaughterhouses spread across the city. The extinction of Vultures acted as a boon for Black kites (Milvus migrans) and gradually, there was a rapid rise seen in the population of Black Kites.

In India, people love to fly paper kites with the help of sharp glass coated strings/Glass Manja. This string acts like a ‘naked sword’ in sky and generally cuts everything  which comes in its way whether it’s a bird or any human being. There have been many cases in which this ‘Manja’ has killed many human beings with fatal wounds on their throat.


We request you to kindly consider giving up kite flying or if you still love flying kites, fly them using a coton string, referred to as ‘saddi’  in Hindi .

For the glass string that gets tied on poles, tree branches also acts as an inevitable injury and death trap for birds of all species as they get entangled in them.

Once caught in these glass manjas, these birds are find it extremely difficult to break free and in the effort that they make to free themselves from these mesh of strings, they end up damaging their wings and other body parts, like damaging their toes.

If ever you spot an injured bird of prey like Kites, Eagles or any other non-vegetarian birds, please dial the following Helpline Numbers in Delhi – 9810029698, 9810129698,

—For all other kind of birds, like Crows, Pigeons, Owls etc.,contact : 9810639698, 986855222, 9212111116

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Dogs are family, can use lifts for free, rules court

In August, this year when we at ‘Jaagruti’ received a call from the Gulati family in Faridabad alerting us to the fact that their colony RWA was disallowing them to take their dog ‘Pixie’ in the building lift, it prompted us to do some research on such cases in India, following which we had come out with this article explaining how people could act in such cases.

Yesterday, however brought good news to many a residents fighting this battle for their dogs with their colony RWAs with the Consumer Disputes Redressal Forum at Mumbai giving a judgement in favour of the D’Souza family and saying that, “Dogs are part of family, and they can use lifts for free”

Please read the article below in Times of India dated 30th November 2010

(Times of India_30th November 2010)

The below story Courtesy: Anand Holla and Mumbai Mirror gives more details on this ruling of the court.

Dogs are family, can use lifts for free, rules court

This judgment by a Consumer Disputes Redressal Forum at Mumbai will help make life much easier for pet owners in multi-storeyed apartment complexes facing harassment from their RWAs regarding use of lifts by pets.

Mahim society asked to stop charging residents for letting pets use building elevators. Consumer forum says if milkmen can use it, so can dogs

The status of dogs in housing societies have been elevated. In a judgment that will set a precedent for housing societies on how to treat pets, the Central Mumbai Consumer Redressal Forum has rapped a Mahim society for charging one of its member Rs 500 for each of his two dogs using the elevator.

The D’Souzas had been paying Rs 500 a month so their dog Barney could use the lift

Noting that pets are members of the modern, urban family, the forum ruled there is no reason why pets can’t use elevators when outsiders, including service providers such as milkmen and vendors, have access to the facility without any charges.

The family in question — the D’Souzas — resides on the 10th floor of Our Lady Of Velankanni And Perpetual Succour society. The D’Souzas, 58-year-old Allwyn and Eleanor, 52, were shocked by the resolution passed during the society’s general body on August 10, 2008, charging Rs 500 per month for each pet using the lifts. The move hit the couple hard as they would use the elevator to take their pet dogs Barney, a labrador, and Dash, a mongrel, for a daily walk.

When the family protested, the society management justified the decision by saying the pets cause “nuisance due to the stench and threat, causing inconvenience to the members” and that “extra electricity (was) consumed due to unnecessary trips by the lift because of the dogs,” among other factors.

The D’Souzas were left to fend for themselves as the other family in their building that had a pet stayed on the third floor and took to stairs after the diktat. Challenging the society’s decision, Allwyn D’Souza moved the consumer forum while continuing to pay Rs 1,000 every month “under protest”, along with maintenance bills.

D’Souza’s lawyers Udav Wavikar and Rashmi Manne contended before the forum that pets are pampered and loved as much as any other family member, and hence, should be considered part of the family. Invoking religion and mythology, the lawyers said a dog is considered an incarnation of a deity in Maharashtrian culture.

The lawyers further argued that forcing dogs up and down 10 floors amounts to sheer cruelty. To bolster his case, Allwyn collected signatures of society residents to attest that they had no complaints against his dogs. The society, however, said the dogs dirtied lifts by either urinating in them or soiling them, and there was the danger of them biting other residents. The society also argued that dogs are not members of the D’Souza family, and the Maharashtra Co-operative Societies Act doesn’t include them in the bracket of family members. It claimed the forum had no jurisdiction to hear the complaint.

However, the bench of Nalin Majithia and Bhavna Pisaal observed last week, “We don’t find the society’s view correct. The D’Souzas pay all normal charges and to charge them an extra Rs 500 towards each dog is illegal, and is an instance of unfair trade practice. In Indian culture, dogs are common pets and usually treated as lovingly as other members of the family.”

The forum noted that no resident had ever taken any objection to D’Souzas’ pets. “In a populous city like Mumbai, there is always a shortage of space and multi-storeyed buildings are fast filling up the landscape. Several outsiders such as milkmen, newspaper and vegetable vendors, laundrymen, sweepers, etc, use the building lifts on a daily basis. In such a scenario, the society’s decision to levy charges on residents’ pets for lifts usage is inappropriate,” the forum held.

Ordering the society to return the entire amount it has collected from the D’Souzas along with nine per cent interest and Rs 5,500 towards mental and physical torture and legal costs, the forum held, “The society has indulged in unfair trade practices and it is incorrect on their part to charge the D’Souzas.”

From October 2008 till September 2010, D’Souza paid “dog fees” to the society. Allwyn said, “Our dogs were kept absolutely clean and healthy. We would take them out only twice a day and they never misbehaved with anybody, nor dirtied the lift or the society premises. Some members of the society passed this order only to harass us.” Happy with the order, he said, “This will come as a relief to many residents who are similarly harassed over their pets.”

Lawyer Wavikar said, “If pets dirty the premises, their owners should be made to clean up the place. However, charging residents for keeping pets is completely unjust. With the city constantly experiencing vertical growth, this landmark judgment will go a long way in settling the issue on pets and their rights to use building facilities.”

The society’s lawyer, Anand Patwardhan, termed the forum’s order as ‘perverse’ saying the case should have been decided by a co-operative court. “The society is fully justified in charging additional money as provided in the by-laws of the Co-operative Society Act. Consumer forums shouldn’t trespass the jurisdiction of other courts – in this case a co-operative court.”

While Dash died last year, Barney can now use the lift without burning a hole in his owner’s pocket.

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New Page added: Animal Helplines in Mumbai

After ‘Animal Helplines in Delhi and NCR‘ we at Jaagruti are happy to share with you all our new webpage titled, ‘Animal Helplines in Mumbai‘.

We hope to expand this list to an all-India level in times to come so that no one on the street ever feels helpless and ignores the sight of an animal in pain just because they find themselves clueless on whom they could call or take the animal to.

If you wish to list your organisation’s helpline number on this website, please do mail us at contact@jaagruti.org or post a comment underneath and we will make a note of it from there.

Thanks!