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Kerala HC says ban on pets in residential areas illegal, asks state to step in
A division bench of Justice AK Jayasankaran Nambiar and Justice P Gopinath, while hearing a petition 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
Kerala high court on Tuesday observed that clauses in by-laws of the residential associations and management that ban owners and tenants from keeping pet animals of their choice in their apartments are “illegal and unconstitutional”.
A division bench of Justice AK Jayasankaran Nambiar and Justice P Gopinath, while hearing a petition 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 and said any clause in by-laws or the agreement of resident associations and builders banning pet animals in apartments should be treated as void and unenforceable law. Resident associations and resident welfare committees should also desist from putting up boards and 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 and empathy towards other living beings are the essences of civilization and 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 and start awareness programmes at the school level to realise this.
The state government 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 petition, the PFA, represented by K S Hariharaputhran and 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 not frame rules and regulations contrary to the law of the country.
It also pointed out that many pet owners were forced to abandon their pets, and 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.
