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New Delhi: The Kerala High Court on Tuesday held that by-laws of resident associations that bar people from owning pets, and deny pet owners access to lifts and common facilities in apartment buildings, were “illegal, unconstitutional and unenforceable”. ” Huh.
The court was hearing a PIL in Thiruvananthapuram in July Non government organization ‘People for Animals’, represented by its secretary, Karthika Anayara. He had alleged that office-bearers of the residents’ association where he lives had asked apartment owners to remove pets from the premises, citing by-laws of the association.
Reiterating the right of citizens to keep pets, Justices AK Jaishankaran Nambiar and Gopinath P. “Our coastal state, which declares itself as ‘God’s own country’ for visitors to its shores, cannot be seen in denial. Only privileges for its animal inhabitants. “
The court, however, clarified that the “liberties recognized in animals, and the co-relationship rights recognized in pet owners” are not absolute or unconditional. It stressed that resident associations can still formulate reasonable conditions that must be followed by owners and apartment residents when keeping pets.
It ruled, “We allow this writ petition by declaring that any clause in any bye-law or agreement, which prohibits a person from keeping a pet of his choice in a residential unit occupied by a person wholly The effect of banning, must be void in law and considered unenforceable.”
The court further observed that “resident owners’ associations and resident welfare associations should refrain from putting up notice boards and signposts prohibiting the keeping or entry of pets in their respective premises”.
The bench also directed the state government to take immediate steps and issue necessary directions to the state animal welfare boards and law enforcement agencies to ensure that complaints filed by citizens against violations of the court’s judgment are looked into immediately. .
The Kerala government had filed a statement in response to the NGO’s petition. stating in the court that it does not consider such conditions in the bye-laws to be appropriate. It said it violates the fundamental rights of apartment dwellers to keep pets of their choice, as recognized by the Supreme Court.
Read also: Dogs, cats banned: Delhi’s IFS apartment rules hit residents during pandemic, some move out
‘Regressive trajectory’ of animal rights regulations in India
The court began its decision by tracing the “trajectory of animal rights jurisprudence in India” and said it was “sadly a regressive one”.
“Over the years we have virtually gone from an eco-centered worldview where animals, such as humans, were seen as living beings and therefore morally qualified, to a human-centred one where humans alone were viewed as morally worthy. Deserved and seen as a privilege to enjoy the gifts nature has to offer,” it observed.
The court then cited a research paper and noted that religions such as Jainism, Buddhism, Hinduism and Islam have called for treating animals with respect.
went to refer to Supreme Court’s decision In the Jallikattu case and that the Prevention of Cruelty to Animals Act 1960 recognizes five freedoms inherent in all animals: freedom from hunger, thirst and malnutrition; freedom from fear and distress; freedom from physical and thermal discomfort; Freedom from pain, injury and illness; and freedom to express general patterns of behaviour.
Noting that the 1960 Act makes exceptions to these freedoms, it observed that “the duty on citizens to respect the five freedoms recognized in animals is sufficiently broad as to refrain from interfering with the rights of any other person”. . Have a pet of his choice”.
The court further said one more decision Passed by a Division Bench of the Kerala High Court, for highlighting “the choice of citizens to keep pets as a fundamental right to privacy under Article 21 of our Constitution”.
(Edited by Paramita Ghosh)
Read also: Pets help your mental health during the COVID-19 pandemic. This way
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