Law for Animals Category

India is the land of the ‘Holy Cow’, and cow slaughter is strictly forbidden by law across India, except in the states of  West Bengal & Kerala. All other states have enacted prevention of cow slaughter statutes (*see legislation enacted by the States / Union Territories on cow slaughter).  In Uttar Pradesh, where the incident that we’re writing about occurred, there is The Uttar Pradesh Prevention of Cow Slaughter Act, 1955, for instance. The unsavory paradox however is, that India is also well on its way to becoming the largest beef exporter in the worldRead More
NB: This article is being given in 2 parts. In Part I here we discuss the (il)legality of the restrictions imposed on pet owners vis-a-vis use of elevators by their pets.  The article, court judgments and experts clearly establish that housing societies cannot ban pets, or ban the use of elevators by pets, through notices put up for the purpose, or bye-laws framed or amended for the purpose, even with the consent of the general body of residents.  In Part II we will discuss how to deal with situations involving societies banning the use of elevators by pets. Read More
The Allahabad High Court has passed an order that is opposite to the ambiguous views of the Karnataka High Court, the Bombay High Court, the Shimla High Court and upholds the Animal Birth Control (Dogs) Rules unambiguously. On the 15th of May, 2013, the Chief Justice’s bench of the Allahabad High Court has passed the FIRST UNEQUIVOCAL ORDER by any High Court, expressly disregarding municipal law provisions that allow the destruction of stray dogs ; and upholding the mandate of the Animal Birth Control (Dogs) Rules, i.e., dog population, dog nuisance, and the threatRead More
Its quite common to see RWAs coming down on people feeding dogs even pets on their premises. In a first a federation of RWAs (Resident Welfare Associations) writes to its members cautioning them to lawfully deal with stray dogs. RWAs (Residents’ Welfare Associations), and Apartment Owners’ Associations, are viewed with suspicion by most of us that care for, feed, and look after community dogs (usually referred to as ‘stray dogs’), because of the single-mindedness with which they often try to persecute our dogs. They try to drive them away, throughRead More
Thiru Sadai Duraisamy Hon’ble Mayor Corporation of Chennai We write to you regarding an issue that is causing deep concern to us, and many others like us.  We read the following news in The Hindu about your decision to make dog pounds in Chennai with great consternation. We also have an update from concerned Chennai citizens who met you following this article confirming the aforesaid decision. We’ve have read through the news article carefully and are deeply concerned because not only is your plan obviously unlawful, it is also ill-conceived,Read More
Shimla has an interesting history with dogs – the Municipal Corp created a dog pound to remove the dogs from the streets. The deplorable conditions of this pound were covered in an expose here and with a revisit here. The accompanying picture is from the same pound. Sometimes the Corporation and the local AWBI legal reps are in such hurry to just be in court that they fail to present clear facts to the court – that’s happened in Bangalore, and that happened in Shimla. Like in Bangalore it led the ShimlaRead More
This is an interesting case study of a battle that’s playing out even now, as we write this, at an upmarket apartment complex called Nirvana Country, South City-II, Phase-II, at Sectors 49, 50, and 57, Gurgaon, developed and constructed by Unitech Ltd. There are 2 apartment blocks – the Close North, and the Close South.  This is playing out at the Close North. This real life account involves an RWA, of course (or the Association of Apartment Owners as it is also known as) & of course it involves dogsRead More
Each time there is an animal cruelty case, petitions or demands of actions are made to the Animal Welfare Board of India (AWBI).  AWBI is a bureaucracy within an bureaucracy (Ministry of Environment and Forests) AND subservient to it – that can’t be a recipe of pro-activeness!  Ms Menaka Gandhi is the next best stop for action – but Ms Gandhi works on a range of issues that are brought to her notice the best she can and surely she can’t be the default for all action. So is the fate of India’sRead More
The Supreme Court of India on 6 Feb, 2013, stayed the order passed by the Karnataka High Court on the 7th of December, 2012. The Karnataka High Court had directed the BBMP to cull dogs which are a ‘menace’ or ‘cause nuisance’, has been stayed by the Supreme Court of India. The Supreme Court stay order has been passed a short while ago, in a Special Leave Petition filed by the Animal Welfare Board of India numbered as S.L.P. (C) No. 4453 of 2013, and titled ‘Animal Welfare Board ofRead More
It is by now, trite, that the manner of dealing with stray canines, and controlling their population, is set out in the Animal Birth Control (Dogs) Rules, 2001. The Rules envisage that community dogs shall be sterilized in the manner, and after following the procedure set out these Rules. Further, that they shall then be vaccinated for protection against rabies; and released back into the very areas that they were picked up from. Release back into the locality that each individual animal is picked from is extremely important, because dogs,Read More