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A local court declared that the ordinance passed by a Chennai apartment owners' organization (Tiruvanmiyur) was invalid, stating that flats could no longer impose penalties or restrictions on pet owners on the property.
The decision was made at the hearing of a lawsuit brought by Manorama Hiteshi, 78, who owned a pet dog and lived in a gated community where the Management Atrium Owners Association had put in place controversial bylaws that specifically targeted pet owners.
The norms established by the Animal Welfare Board of India (AWBI) for such residential units, held in the Chennai additional city civil court, are violated by fining pets for open defecation and preventing them from entering elevators.
The association argued against the plea, stating that dog walkers should bring cleaning supplies to quickly clear canine waste because it poses a health risk to youngsters who play barefoot on lawns without shoes.
Judge L Abraham Lincoln stated that the AWBI is an organization established under the Prevention of Cruelty to Animals Act, 1960, and has a statutory obligation to advance animal welfare and refrain from causing undue hardship or discomfort to animals
Thus the court ruled that the by-law revisions were invalid as association cannot disregard the AWBI's guidelines as non-binding and optional.
As long as members are not breaking any laws, the AWBI rules provide that the association cannot legally forbid pet ownership, even if the majority of members approve.
The court stated that pets cannot be prohibited from using elevators, and it is naive to try to prohibit pets in parks or gardens.
According to the recommendations, pets who are not given enough exercise may act aggressively out of frustration and be unable to assist the residents.
The court advised the association to work alongside pet owners and create policies like scoop the poop and recommended that they create designated areas for pet defecation within the premises of the community. While clearly stating that fines cannot be levied on pet owners as the law does not mandate it.
Judge Lincoln emphasized the moral and legal ramifications of coercing pet owners into giving up or abandoning their beloved pets in his remarks.
He mentions that any organization that coerces a pet owner into giving up or leaving their animal companion is essentially committing a crime. Additionally, as pets who are not used to life on the streets are more likely to cause or become victims of accidents, injuries, or fatalities.
He cautioned that such measures would result in a rise in stray animals, putting both people and animals in danger.
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