Societies penalising pet owner against law: Civil Court

CHENNAI: Pet owners can celebrate as a civil court in the city has declared illegal a residential association’s bye law, which imposed fine on residents for taking pet animals inside the apartment lift because they defecate, saying it is against the guidelines of the Animal Welfare Board of India.

Allowing an appeal challenging the amendment of bye laws for imposing fine on pet owners, additional judge of city civil court Chennai L Abraham Lincoln said no gated community or apartment owners’ association can frame any rule, regulation or bye-laws imposing special charges or fines on pet owners for cleaning of pet excreta, in the absence of Union or State laws stipulating the same.

The judge also advised pet owners to 'scoop the poop' or, together with the association and other residents, come up with pet defecation areas within community premises, or arrive at other imaginative solutions.

If any association succeeds in intimidating a pet owner in giving up or abandoning a pet, it will actually have abetted the violation of law and may well be aggravating the menace of ownerless animals on streets, which could lead to accidents, injuries and deaths, wrote the judge.

The general body cannot frame bye-laws or amend them in a manner that is at variance with the law of the country. Even by a complete majority, a general body cannot adopt an illegality, the court said.

The appellant Manorama Hiteshi, a 78-year-old resident of a gated community managed by the Atrium Owners Association, owns a pet dog. The association convened a meeting and amended its bye laws to ban pet animals in the apartment lift and penalise pet owners if they break the law.

Manorama moved a petition in the city civil court which dismissed her plea in July 2023. Her appeal challenging that order was, however, allowed.