On Tuesday, November 2, a division bench of justices AK Jayasankaran Nambiar and Gopinath P during a hearing on a public interest litigation (PIL) petition filed by People for Animals, through advocate Bhanu Thilak, challenged the practice of bye-laws of residential societies prohibiting residents from keeping pets of their choice in their individual apartments.
According to a report published by Bar and Bench, in its order, the court ordered all residential associations to desist from putting up notices or signs prohibiting pets in their premises.
The order furthered, "Consequently, resident owners' associations and resident welfare associations shall desist from putting up notice boards and signposts prohibiting the keeping or entry of pets in their respective premises. This declaration shall be seen as one operating in rem and this judgment as one covered by Section 41 of the Indian Evidence Act, 1872."
Should not be nuisance to co-habitants
However, the court also observed that a decision to allow pets at home should be taken safeguarding the interest of others living in the society, gated community or apartments and should not be a nuisance to co-habitants.
"While holding such clauses as illegal, unconstitutional and unenforceable, we have to observe that the aforesaid freedoms recognised in animals, and the co-relational right recognised in pet owners, is by no means absolute or unconditional and must necessarily be qualified by safeguards designed to protect the competing rights of others including the owners/residents of neighbouring apartments," stated the judgment further.
The Court also directed the State Government to take immediate steps to issue necessary instructions to the newly reconstituted State Animal Welfare Board, the administrative departments of the State, and to its law enforcement agencies, so that any complaints brought to their notice by citizens, as regards infringement of the rights declared in this judgment receive immediate attention and resolution, highlighted the Bar and Bench report.
