PETS CAN BE KEPT IN APARTMENTS: HIGH COURT
PETS CAN BE KEPT IN
APARTMENTS: HIGH COURT
Kochi: Nov.2 nd 2021- The
High Court has ruled that keeping pets in apartments cannot be stopped. It is
illegal and unconstitutional for Residents' Associations to ban it. The court
ruled that such provisions could not be enforced. However, the court ruled that
the rights of animals and owners were not unrestricted and should not cause
inconvenience to the owners or occupants of nearby apartments. Provisions
prohibiting the protection of pets in their own or rented apartments and the
use of elevators and other public spaces for this purpose are illegal. No such
boards or notices shall be issued. Instead of banning, Associations can make
reasonable conditions. In God's own country, a culture must be developed that
recognizes the rights of the mute. The court also directed the government to
take steps to create awareness from the school level. By granting the petition
filed by people for animals, the order was issued by a Division Bench including
Justice A. K. Jayashankaran Nambiar and Justice P. Gopinath.
The
order also includes guidelines issued by the Central Animal Welfare Board on
February 26, 2015, stating that do not prohibit pets in apartments and there is
no special fee for use of elevators. It also directed that those handling
complaints in this regard should send a copy of the order to the Chief
Secretary for notification to the State Animal Welfare Board. The court ruled
that the Prevention of Cruelty to Animals Act allowed animals to seek relief
from hunger, thirst, fear, pain, injury, and disease and to behave naturally.
Protecting animals are part of this. The court ruled that the protection of
forests, wildlife and the improved approach to the environment and its
symbiosis were all in line with the Constitution. Keerthivas Giri, Amicus
curiae who assisted the court in the case and he wanted to make sure that pets
should be allowed in the apartments but not a nuisance to the neighbours.
INPUTS BY – ANJANA Y U ON 17 NOVEMBER 2021