BENGALURU: In India, animal lovers having pets and/or caring for strays are met with unbelievable general animosity since dogs are seen as a threat. Anyone who has pets and lives in urban resident welfare associations (RWAs) or apartments would be well aware of the hostility often meted out to dogs and dog lovers. Not only do many RWAs have rules about ‘banning’ pets, many dog-loving residents even get harassed for feeding strays on roads. Mostly ignorance, irrational fear being drummed since childhood, superstition and lack of knowledge are the root cause for such behaviour. It is thus important for the animal lovers to resolve and display fortitude as caretakers of the animals they care for in face of such hostility.
Stray dogs are protected under the Prevention of Cruelty to Animals Act, 1960, and rules enacted under Section 38 of the act, particularly, the Animal Birth Control (Dogs) Rules, 2001; Indian Penal Code, sections 428 & 429 and Article 51A (g) of the Constitution. The Animal Welfare Board of India (AWBI) has set out clear guidelines for pet families and those who feed stray dogs.
According to the guidelines, no amount of pressure from a RWA or society can be adequate for abandoning a pet animal and doing so is a punishable offence. RWAs or Apartment Owners Association (AOAs) also do not have the right to deny pet owners use of elevators and other public resources such as parks. RWAs and AOAs also cannot create any by-laws to implement bans or restrictions on residents getting pet dogs, or even discriminate upon the size or breed of the dog. Regarding street animals, AWBI guidelines spell out that feeding strays is a legally protected activity and also encourages caregivers and feeders to get these dogs vaccinated and sterilised.
It is also illegal for vehicles to purposefully injure dogs, cats and cows on the streets. A person who is caught violating these laws can be reported to the local animal protection group and to the police. A case can also be filed under the above-mentioned sections. The punishment for all of the above acts is a fine and/or a jail term of up to five years. Also to be noted is that under the Government of India, Animal Birth Control Rules 2001, no sterilised dogs can be relocated from their area.
However, the main concern for pet owners or feeders are that the laws though spelt out, are not adequately implemented. Despite such extensive laws, people go free without punishment because bringing them to justice is a difficult task. The implementation of these rules largely depends on NGOs and individuals. It has become imperative that an animal lover be aware of these rules.
The responsibility is on them to ensure a strong implementation of the rules. But on the other hand, they need to exercise caution and responsibility. The Board also sets out guidelines for caregivers of stray dogs, asking them to follow hygienic feeding techniques when feeding strays in public and ensuring that strays are not fed in the vicinity of children’s playgrounds. It urges care givers to feed little late in the night or early morning when traffic, both vehicular and human, are minimum.
Feeding should be away from heavily residential areas. They should get their wards vaccinated and sterilised. Education of neighbours should be an ongoing process. For pet parents facing hostility, it is necessary that they remain firm about their rights when staying in apartments and houses. The law is on their side and it is up to them if they want to go an extra mile for their pet buddies or not. But it also falls on them to follow certain rules like to clean up after their pets in common areas or not to let their dogs unleashed in common areas keeping in mind the general population. Know your right regarding feeding street dogs and rights pertaining to your own pet and exercise them diligently. Refer to the approved guidelines mentioned clearly and without any ambiguity at awbi.org. The author is an animal lover
What AWBI says
The Board asks caregivers of stray dogs to follow hygienic feeding techniques when feeding strays in public and ensuring that they are not fed in the vicinity of children’s playgrounds.