On Tuesday, the High Court of Kerala observed that clauses in by-laws of the residential associations & management that ban owners & tenants from keeping pet animals of their choice in their apartments are “illegal & unconstitutional”.
A division bench of Justices AK Jayasankaran Nambiar & P Gopinath, while hearing a plea of People for Animals (PFA) questioning such provisions, said, “Our coastal state, which announces itself to be the ‘god’s own country, cannot be seen denying just privileges to its animal inhabitants.”
The Court agreed with the PFA’s contention & said any clause in by-laws or the agreement of resident associations & builders banning pet animals in apartments should be treated as void & unenforceable law. Resident associations & resident welfare committees should also desist from putting up boards & notices prohibiting the keeping or entry of pets in their respective premises, the Court said.
“Time has indeed come to nudge our citizenry into respecting the claims of other living beings that too have right in our shared ecosystem. Compassion & empathy towards other living beings are the essences of civilization & we must try to preserve these values as part of our culture,” the Court observed. The Court also said the state should take steps to inculcate the spirit of accommodation towards animals & start awareness programmes at the school level to realise this.
The State Govt also agreed that denying permission to occupants to keep pets of their choice while infringing their fundamental right would also hamper the fundamental freedom of animals as recognised by the law of land.
In its plea, the PFA, represented by K S Hariharaputhran & Bhanu Thilak, said the association is being flooded with complaints from many pet owners after residential associations put undue restrictions on them. It also said such associations can't frame rules & regulations contrary to the law of the country.
It also pointed out that many pet owners were forced to abandon their pets, & it was a cognizable offence under the Prevention of Cruelty to Animals Act, 1960. A posh apartment in East Delhi was in news last month after many residents accused the management of harassing them for keeping pets during the lockdown.
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