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PWe have recently moved into a new society in gurgaon and are some of the firsr movers. Since only 30-40 families have moved in till now and the pet policy is still under discussion, most people take a little bit of freedom in roaming their pets. This petty gentleman kept taking photos of people roaming their pets and tells them to keep the pets off grass (terming all grewn areas generically as kids play areas), stating that his kids play in the grass and dog pee can’t be cleaned. My understanding is that there are rulings that state that access of pets to common areas/parks cannot be restricted (provided pet is on leash, cleanliness is maintained etc). (there is a “pet area” but that area is small and not fully lit yet).
The same understanding goes for service vs main lifts- my understanding is that you cannot do a blanket restriction, but provide guidelines – following a first in-first out method with first preference to the person inside the lift, and usage of service lift “whenever possible”. Now this gentleman is randomly stating his own understanding of the law (which seems arbit).
What has been the general direction of laws abd judgments in this direction? -
AThere It is a grey area and a lot may depend on local laws and guidelines. Reasonable restrictions can certainly be placed on where pets are allowed- for example, in swimming pools, gyms, restaurants, kids’ playing areas, etc.
Pets don’t enjoy any specific legal rights under the Constitution or any Act of Parliament. The PCA Act, 1960, lays down laws for preventing cruelty to animals but doesn’t give them rights to access all areas and spaces accessible to human beings. AWBI has specific guidelines for dogs, but these are just guidelines , not laws that are enforceable by themselves.
Courts have taken a mixed and balanced view. While they have supported rights of pet owners, they have also upheld the right of RWAs to place reasonable restrictions in the interest of safety and hygiene.
In general, while RWAs can place restrictions, they must be reasonable and not arbitrary or descriminatory. At the same time, the rights or pet owners are not absolute and they cannot infringe on the rights of other residents – especially in common spaces.
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