In many multi-story buildings and society apartments in Kerala, housing societies, apartment associations, and RWAs have banned residents from keeping pets in their homes.
This decision of the housing society, apartment association, and RWA has been challenged by an animal welfare organization in the Kerala High Court. The PIL filed by People for Animals (PFA) argued that banning pets is illegal, arbitrary, and unfair.
The petition also said that 'such associations cannot make bye-laws or amend them in a manner different from the law of the land, even by consensus or by the absolute majority.
In its petition, filed through advocates KS Hariharaputran and Bhanu Thilak, the PFA said it has to file a petition against the ban imposed by various apartment associations, housing societies, and Resident Welfare Associations (RWAs) across the state for pet owners/pet parents. There have been many complaints from the father.
“Complaints have also been received from such associations of pet owners/parents of pets being served notices and notices asking them to release their pets,” the petition said. Argued that under the Prevention of Cruelty to Animals Act, 1960, 'it is an offense to release a pet without reasonable cause and under no circumstances it is likely to cause pain to the pet by reason of hunger or thirst.'
The petitioner organization said that the Animal Welfare Board of India (AWBI) issued guidelines in 2015 advising pet owners to ensure that their pets do not cause trouble to others, but also clarified That there should be no pressure of any kind from any source.
Abandoning pets and doing so is a violation of the law. The petition has sought direction from all apartment associations, RWAs, and housing societies to follow the 2015 AWBI guidelines. It also sought directions from local self-government bodies to address the issues of the ban on keeping pets.