RWA’s Pet Peeve Is Against The Law

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RWA's Pet Peeve Is Against The Law
Apr 2018
In Green Homes
In most of the urban families, pets are an
integral part of the arrangement. Now, imagine
moving into new home and asked by the Resident
Welfare Association that the pets are not allowed
on premises. While these regulations are sure to
disappoint you, many of the RWAs have been coming
up with the clauses in the bye-laws, banning pets.
While some of the RWAs resort to striking the
monthly penalties on people keeping the pets,
some restrict the pets from making use of the
elevators. Imagine being in a multi-storey
building with a pet in a similar scenario.
In February 2015, Animal Welfare Board of India
issued the notice with the set guidelines for pet
owners. Under the law, none RWA or any of the
other society associate can discourage any
resident from owning a pet. Also, at the same
time, the owners of the property as the parent to
ensure that they keep the pets clean as well as
in good health and away from harming anyone else.
The guidelines issued in the notice include- RWA
can't ask you to give up the pet As per the
guidelines, the residents require to be careful
about the pets as well as make sure that they
don't harm anyone else. While doing this, they
must distinguish between unreasonable and
reasonable, lawful as well as unlawful claims of
the pets creating some trouble for others. Such
pressure, however, shouldn't let them abandon the
pets as it certainly is an offense under the
law. In case of the RWA asks the resident to give
up on the pet will actually be considered an
offense. RWA can't express the ridicule against
barking There could actually be some instances
when the owner's dog barks pet which actually
might not be somewhat like by the neighbors. The
guidelines do put this noise as the way of
expression as well as it must be tolerated. The
pet parents, however, are advised to help in the
situation as much possible to avoid the
inconvenience to the neighbors. RWA can't tell
you who breed you can pet A pet is the family
member as well as the RWA can't dictate the kind,
the breed or the size of the pet that you can
keep. It can't ban any kind of the pet stating
that the large-sized dogs are not actually
allowed. Even if the majority in the general body
meeting of RWA decides against keeping the pet,
this actually is legal. RWA can put forth the
reasonable requests The pet owners should
definitely discuss the RWA ways as well as means
to dispose of the pet excreta etc. the RWA can
allow the pet corners and designated areas for
the use. Also, it is mentioned that the owner of
pet ad caregivers, as well as the dog-walkers,
must make sure that if pet defecates in the
public premises, it is the duty of the owner to
ensure the cleanliness. It does clarify that it
is each residential complex and community to
decide which method the work best for them as
well as solutions can't be imposed on anybody. No
RWA can ask for an impose or penalty rule or
bye-law which basically says that the owner of
the pet must clean the pet excreta
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etc. This is because there is no central or state
law which says so. The pet owner, however, must
agree to the lawful requests for smoother
community living. It is the concern of the owners
to keep the pets healthy as well as clean. The
neighbors might not like animals and pets as they
may pose the health hazards if they are not clean
and tidy. The regular vaccinations and
sterilization are advisable. RWAs can't insist
upon the leash Do make sure to leash the pet in
public to make sure that others are comfortable
around it as well as neither the pet nor others
should be the victims of the accident that was
evitable. However, the RWAs can't insist upon the
use of the muzzles. This is certainly strict
penalty against the negligent pet parents as well
as aggrieved parties can actually avail of
it. RWA can't discourage you from using lifts No
RWA has the power to debar pets from the lifts
though owners if it is asked, could use the
alternate working the lifts if such service is
accessible with ease and comfort. The RWA also
cannot insist on fee from you for making the pets
use the lifts. RWA can't discourage you from
using parks The exercise and outings in the parks
are essential for pets. Thus, RWA or the
associations can't debar the pet from getting
into parks. Keeping in mind, however, everyone's
convenience, mutually agree upon the acceptable
timing to walk for the dog. The timings can be
intimated by the general body. Also, you can
approach Registrar of Societies for any arbitrary
functioning of the RWA. The RoS has the power to
dissolve the RWA if needed. You certainly
can approach Animal Welfare Board of India in
case the well-being of the animal is threatened
Also, a complaint can be filed with local
police station having the jurisdiction over the
area. If the RWA hinders entry of pets into
society premises that basically results in harm
to pet, a case under Section 428, 429 Indian
Penal Code can be registered against RWA office
bearers You can even approach the District
Consumer Disputes Redressal Forum in the case of
any complaints. The action can be initiated
against the RWA members under Section 2 (1)(g) o
Consumers Protection Act The RWA resolution
that may actually harm the animal violates
Section 11 (3) of the Prevention of Cruelty to
Animal Act, 1960. Also, it is against Article 51
A (g) of Constitution which basically provides
for the protection as well as the improvement of
the natural environment which includes lakes,
forests, wildlife and rivers and to have the
compassion for living the creatures The
Wildlife Protection Act, 1972, as well as the
Environment Protection Act, 1986, cast the duty
upon citizens of the country to safeguard the
environment and animals. Many RWA prohibits the
residents from taking care and feeding of
roadside stray animals. This prohibition can't be
upheld as well as is the limitation upon the
liberty of the person
n g
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