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  • Category: Miscellaneous

    The Kerala High Court has ruled that keeping pets in residential apartments cannot be stopped

    The Kerala High Court has ruled that it is illegal and unconstitutional for residency associations to prohibit residents from sheltering their pets in their own apartments or in rented apartments and enabling elevators and other public places for the pets. The court ruled that such provisions could not be enforced and that reasonable conditions could be imposed by the associations instead of prohibiting them. The order was issued on a petition filed by the People of Animals.

    Is the same situation in your places? And what are your thoughts on this verdict? Are you with or against this?
  • #747129
    This is good ruling on the part of Kerala high court that the pets can be reared in the residential apartments and there should not be any restrictions from the association. But in many apartments the bye laws says that having the pet is not allowed as it would hindrance to the privacy of the other occupants. And some pets are left open to roam freely which may cause biting to the unknown people and hence the association in Hyderabad are not allowing the pets. However there are pets boarding and lodging at some places where the pets can be lodged with care and they will attend to the pets for every reason and every season. The owners need not worry about the pets and the care is utmost good. But having pet in apartments is something not likable to me as it must be in own Independent homes.
    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #747204
    Section 51(A)g of the Constitution of India, says that we should show compassion to all living creatures. It is supposed to be the fundamental duty of all citizens. Some Residents Welfare Association (RWAs) may make by-laws where they may ban keeping the pets in apartments. This is not legal and the residents need not accept the same even majority of people support the by-laws
    The Animal Welfare Board of India (AWBI) has issued a notification in this respect. This notification gives rules and regulations for dog owners as well as RWAs very clearly. There are very clear guidelines for both the pet owners as well as the RWAs.
    It should be the responsibility of the pet owners to see that the pets will not create problems for the other flat owners and at the same time nobody can object to having pets in apartments.,

    drrao
    always confident

  • #747205
    The ruling brings rejoice to the pet lovers. In so many apartments and flats, pets are not allowed. The residence association has created such bylaws in consideration of the well-being of residents themselves. By this verdict, I am not sure how the association is going to implement such changes. I agree with Mohan's point. In my opinion, it will be a bit difficult to make peace with such situations. Allowing pets to the apartments and even to the lifts and other public areas on the premises. What if some of the residents are allergic? Not everyone is brave enough to approach dogs or cats. I think this ruling will definitely create some ruckus among the residents. As Mr.Rao said, pet owners should understand such situations and they should take precautions so that they will not be creating problems for others.
    “It takes a great deal of bravery to stand up to our enemies, but just as much to stand up to our friends."
    – Albus Dumbledore, Harry Potter and the Sorcerer's Stone, Chapter 17

  • #747215
    Legally speaking, people who love animals and want to keep them in their houses or flats can do so. Only thing is that the pets should not create nuisance in the society. The owners should not leave them alone in the society campus and ensure that if they create the place dirty then owners should clean it. There is no excuse for the pet owners in this respect. So it is their right to keep pets but they have to take care that others are not disturbed because of it. The housing societies can make the rules and regulations accordingly by keeping these things in consideration.
    Knowledge is power.

  • #747222
    By arguing over the legality is good on the verdict given by the Court of Law. But thinking practically when seeing the sufferings/annoyance facing by the people residing in other apartments are to be considered. In one apartment a person residing in one house of first floor kept his good dog but big in size at the entrance of the first floor common place where three houses are in the first floor. It found very difficulty to the guest of other two apartments as well the guests for this apartment too as they fear by seeing the dog at the entrance. This is good if they keep their dog inside the house but keeping in the common place is somewhat objectionable.
    We can argue this is our rights but the same right is objected if it is touching other's nose. Similarly the car reverse siren. It becomes very difficult to refer in words as the suffering is much more when the vehicles' reverse siren alarmed in the late nights where all others are in deep sleep.

  • #747241
    Some problems get solved only after becoming very grave. This also will be like that.

    I have not read the judicial order. Hence my response is just based on what is mentioned in this thread only.
    Imagine if some residents bring a few cows or buffaloes and some other brings a Camel etc. taking umbrage under this judgment!!

    Many times, I feel, we are just copying from the West. We apply solutions from the west for problems that are purely local and need only localised solutions. Sometimes I am amused at certain executive as well as judicial orders. Most of them serve as a grievance redressal for just that case only. But there is a tendency for people and media to apply it as a universal solution. The problems start from there.


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