Can we keep a pet dog in my apartment? if so, is there is any indian law supporting this...
Kavitha Jayakumar
(Querist) 26 March 2012
This query is : Resolved
Our apartment hasnt been registered for the past 10 yrs and taken care by the same association leads. They want us to take away our dog from us. The reason they have is that our dog is urinating on the terrace. This incident accidently happened twice but we made sure of cleaning the place properly. There is byelaw created for the apartments. However people are asking us to remove the dog away from us. Our pet dog is chotu and he is like our small brother to us. We take care of him very well and have emotional attachment with him a lot. We just couldnt bear this thinking of sending him away. its been almost 2 yrs now when we brought him to home at his age of 25 days. Please advise on how to handle this situation without sending my dog away. I tried to convince the people but they are not just agreeing. Any suggestions?
Kavitha Jayakumar
(Querist) 26 March 2012
Is there any indian law supporting this? Please advise some methods to have my dog with us... :(
mahendrakumar
(Expert) 26 March 2012
meet the local SPCA (society for prevention of cruelty against animals),so that they may give some guidance in this regard,if all other amicable talk with the resident association failed
Deepak Nair
(Expert) 26 March 2012
Search online for NGOs working for animal welfare.
There is no law preventing keeping a pet dog. But you have to ensure that all requirements such as vaccines, certificates etc are fulfilled.
Guest
(Expert) 26 March 2012
Dear Ms. Kavitha,
Laws do not come to support for anything or everything. Laws mostly prescribe restrictions. Unless any law bans anything, a person is free to do that. So, you will have to abide by the byelaws of the society you live in.
But if the animal is becoming a nuissance for the society people, like urinating on the terrace, or otherwise, the owner can be held responsible for that for not providing proper training and manners to the pet. Merely keeping pets and making sure of cleaning the place after urination etc. is not sufficient to absolve the keeper from his duties and responsibilities towards the society he/she lives in. Anyone cannot guarantee 24 watch on the pet's activitiiies.
So, if you are fond of pets, you must also need to train that effectively so that the pet may not become nuissance for any neighbour.
Raj Kumar Makkad
(Expert) 26 March 2012
You can keep the dog with you with caring for his due training. Let the society initiate any action against you.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 March 2012
The concept of STRICT LIABILITY pronounced hundreds of years ago by ENGLISH courts is still the law in our country followed by SC and all HC s.
So any facility you maintain which has potential of any harm to others than you are liable for punitive damages.
Kavitha Jayakumar
(Querist) 26 March 2012
There is typo error made in my above note. " There is no byelaw made for the apartment neither a registration made for the association".
Guest
(Expert) 26 March 2012
Ms Kavitha,
It was for you to provide correct information to derive correct answer. You cannot expect that the experts should presume that there were no precribed bylaws, while you have very clearly stated that "there is byelaw created for the apartments."
Anyway, you can keep the dog, but with due care and training, but no law would come to your rescue if any nuissance is created by the pet.
V R SHROFF
(Expert) 26 March 2012
Take care, your chotu do not create any nuisance to neighbours, other members.
Your Association is unlikely to get Court order to remove pet.
You Flatly refuse, & Let them Proceed against you. One Pet is usually accommodated.
N.K.Assumi
(Expert) 26 March 2012
Consider this? The university Regulations declares: Dogs are not allowed inside the University compass.A blind students has to be lead by his dog inside the compass of the University. How do we deal with such University regulations. To prohibit the dog is equal as to prohibit the blind student inside the University compass.How do we reconcile such a situations?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 March 2012
strict liability
automatic responsibility (without having to prove negligence) for damages due to possession and/or use of equipment, materials or possessions which are inherently dangerous such as explosives, animals, poisonous snakes, or assault weapons. This is analogous to the doctrine of "res ipsa loquitur in which control, ownership and damages are sufficient to hold the owner liable even without proof of specific negligent acts or omissions.
V R SHROFF
(Expert) 26 March 2012
What all these means, if damage done by your Dog, you are liable to pay for it.
Dog is a domestic animal, kept by many families, , a helpful, faithful, security, etc.
Continue till court order u to throw it out . go in appeal, animal lovers, and so on.
To love anyone, including Chotu, cost.
ajay sethi
(Expert) 26 March 2012
in mumbai if you are keeping a pet dog you must have BMC licence. hope you have taken necessary precautions ,vaccinated the dog .
society cant force you to throw the dog out of society premises if you make arrangements to remove the poop etc
Deepak Nair
(Expert) 30 March 2012
Well and sifficiently advised by the experts above.
