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Pets are now a part of the modern family and are treated as family members. They provide companionship, joy, and emotional support to their owners. With more people owning pets, pet owners must know their rights and obligations to ensure a peaceful coexistence in their communities. Whereas the Prevention of Cruelty to Animals Act 1960 provides the platform for animal welfare, a recent judgment of the Chennai City Civil Court has also strengthened the rights of pet owners, interpreting legal recourse against draconian residential association rules.
Legal Framework for Pet Ownership
The Prevention of Cruelty to Animals Act 1960 is the law that defines animal welfare in India. According to Chapter Three of this Act, pet owners are legally bound to give their pets adequate food, water, shelter, and exercise. Neglecting these fundamental needs can constitute cruelty, resulting in psychological trauma and suffering for the animals. The Act also emphasises punishment for those who ill-treat or abandon their pets.
The Animal Welfare Board of India (AWBI), a statutory body under this act, has played a key role in introducing pet-friendly laws. In 2015, the AWBI issued detailed guidelines considering issues related to pet keeping in residential societies to safeguard pets as well as their owners from unjust treatment.
Recent Chennai City Civil Court Judgement (2025)
A new order by the Chennai City Civil Court in January 2025 has greatly strengthened the rights of pet owners. The court ordered that:
- Residential associations and housing societies are not allowed to fine or restrict pet ownership.
- Regulations banning pets from shared areas like stairways, parks, and lifts are unlawful.
- Pet owners cannot be forced to surrender their pets based on complaints from residents or association members.
- Associations are not allowed to impose extra maintenance charges on pet owners to use common amenities.
This ruling reinforces pet owners' rights to ensure that resident associations cannot have arbitrary rules other than those in the AWBI guidelines. The ruling emphasises the importance of cooperation and respect among pet owners and non-pet owners living in the same residential areas.
Rights of Pet Owners in India
Freedom to Keep Pets
Resident Welfare Associations (RWAs) and Apartment Owners' Associations (AOAs) cannot prohibit pet ownership. No limit can be imposed on pet breed, size, or number of pets per household unless evidence of legal transgressions or excessive nuisance is provided.
Use of Common Facilities
Pet owners are entitled to use parks, lifts, and other common facilities. Resident/Apartment associations cannot impose extra charges for pet-related facility use.
Protection from Intimidation
No resident or association can compel pet owners to move, leave, or kill their pets. Any threats or intimidation can be legally challenged by pet owners.
Barking Complaints
Barking is an inherent trait of dogs and cannot be used as grounds for complaint. Pet owners should, however, take reasonable steps to control excessive barking, particularly at night.
Responsibilities of Pet Owners
Leashing and Muzzling
Pets must always be leashed in public spaces for safety purposes. RWAs and AOAs cannot insist on the muzzling of pets.
Cleaning Up After Pets
No law requires it, but pet owners should clean up after their pets in public spaces for a healthy and hygienic environment.
Health and Hygiene
Pets must be vaccinated. In Telangana, GHMC (Greater Hyderabad Municipal Corporation) mandates that pet registration be made compulsory.
Community Cooperation
The residents collectively should come to a mutual consensus and figure out agreeable solutions that are fair for everyone, as pets are an integral part of the family, and a little empathy should be shown. Initiatives like designated time slots for using common gardens for pets to walk and programs such as Scoop the poop can become a part of a pet-friendly community.
Stray Animal Caregiver Responsibilities
Most people voluntarily feed and care for stray animals, adding to their well-being. Caregivers should, however, adopt responsible procedures:
Responsible Feeding of Strays
Feeding should be done in the designated areas, separated from children's play areas and walkways. Caregivers need to clean up after feeding time to ensure hygiene.
Vaccination and Sterilisation
Caregivers are advised to get strays vaccinated on time against rabies and other infections, as the animals tend to develop a trust with them and feel comfortable; hence, if the caregivers take the initiative, it would ease the municipal authorities.
Respecting Public Spaces
Feeding must not block passageways, doorways, or residents' entry points. It should not cause any obstruction, and the caregivers shouldn't litter the area and must clean up after feeding the strays for a clean environment.
How can RWAs and AOAs Support pet owners and communities?
- Pet-Friendly Policies Implementation
- RWAs can collaborate with pet owners to establish equitable rules rather than imposing prohibitions.
- Marking areas for pet defecation and providing bins can enhance sanitation.
- Encouraging Awareness Programs
- Pet health camps for vaccination and sterilisation.
- Guiding residents on managing pet issues efficiently.
- Sustaining Harmony Among Residents
- Encouraging debates to settle pet issues instead of charging penalties.
- Encouraging respect among pet owners and non-pet owners.
With increasing pet ownership in India, awareness of pet owners' rights and duties is crucial in promoting a harmonious society. The recent Chennai City Civil Court order reinforces these rights, which provide assurance that residential associations cannot arbitrarily place restrictions.
While pet owners have legal rights, they are also required to be responsible by adhering to hygiene, vaccination, and community cooperation rules. Likewise, caretakers of stray animals should feed and look after them responsibly, keeping in mind public convenience.
Ultimately, a well-informed and considerate attitude from all concerned parties, including pet owners, caretakers, and RWAs, can result in a more compassionate and inclusive society for both humans and animals.
Amnaaya Gundu
First-year student of 3YDC
Pendekanti Law College
