• Street dog within residential premises

We are staying in Thane City in Maharashtra.

Our complex has stray dogs which sometimes become aggressive on new person or people living in society going from one building to other via different roots within residential complex.

There is one lady in complex who fed them food and take care of vaccination but federation is not taking care as these dogs are not owned by federations or any society.

More than 90% people living/residing in complex, who are paying taxes and maintenance , do not want these stray dogs inside society complex. As these dogs sometimes comes running on kids ,delivery people and cause accidents for bikes. Kids are afraid to roam inside premises in afternoon or late night walking.

Who should take care of these street dogs? currently only 1 person is feeding. What will happen after her ? if people are not interested to pay any third party to take care of stray dogs then how to remove them legally. 
Why people living in complex should be in fear that these dogs may get aggressing anything and can attack any time.

We cannot force anyone to give food to stray dogs inside complex or use the money collected as part of maintenance to feed dogs, as these were not owned by federation. Tomorrow if these dogs bites anyone then who will take responsibility ? 

Federation has received may complaints from residents about dog running on kids and people and dog bite cases also. Swiggy/zomato/courier delivery people also reported dog attack cases to watchman.

Based on people's opnion,PM of Country,CM of state got selected then why not street dogs can be removed? when people purchased flat
they looks for security, facilities which now getting failed with these dog attack cases. While giving OC complex did Municipal Corporation or AWBI provided any certificate of presence of stray dogs in premises? No right ? Why AWBI saying society should owned these dogs ? This is like giving ransomed amount to gully gundas so that they will not harm. 

if any human do any crime then he gets 6month to many years Jail, what about dogs attack cases ? Do they get punishments to be in case for 1 year ? instead they will be released in same locality after observation.

Who is more important dogs or humans ? People pay to live without fear. We want anyone who is entering in residential premises to have safe ,fearless walk and living, but they are facing dog's bark and aggressing approach.

No dis-respect to judges, but do they ever think will they live in such environments where dogs are roaming freely inside the residential complex? When any VIP ministers are about to visit any city, govt hides the slum, relocate street dogs, divert traffics, shut down shops for sometime, what about people then ? 

Please let us know how we can legally remove these dogs and challenge ABC rule to allow these within society premises. If we have majority number of votes/letters against ABC rule then can we challenge it.
Asked 16 days ago in Constitutional Law

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6 Answers

If street dogs bite any person the lady feeding the dogs would be held responsible 

SC has suggested people who routinely feed stray dogs could be made responsible for their vaccination and also liable to bear the costs if those animals attack people, while emphasising on a need to find a solution to the stray dogs' menace.

 

 

2) The BMC has collaborated with many NGOs to come up with the VHD Mumbai portal that enables Mumbaikars to raise a complaint or request sterlization / vaccination for stray dogs from Mumbai.

 

3)Reach out to the local municipal authorities or animal control agencies. They may have programs in place to address the issue of stray dogs. They might conduct sterilization and vaccination drives to control the population.

Ajay Sethi
Advocate, Mumbai
97243 Answers
7854 Consultations

Legal Framework


  1. ABC Rules 2023: Stray dogs cannot be relocated permanently unless aggressive or diseased.

  2. Municipal Corporation: Responsible for sterilization, vaccination, and managing stray dogs.

Steps to Address

  1. File Complaints:

    • Report aggressive or nuisance dogs to the Thane Municipal Corporation.
    • Request sterilization, vaccination, or relocation for aggressive dogs.

  2. Society Action:

    • Pass a resolution to regulate dog feeding in designated areas outside the premises.
    • Collaborate with NGOs for dog management and relocation where possible.

  3. Legal Measures:

    • File a Public Interest Litigation (PIL) to challenge ABC rules if safety concerns persist.
    • Highlight repeated attacks and risks to children and residents.

  4. Immediate Safety Measures:

    • Create designated feeding areas outside the complex.
    • Install signboards with rules for feeders and precautions for residents.

FAQs


  • Can stray dogs be removed? Only aggressive/diseased dogs can be relocated with municipal approval.

  • What if no action is taken? Approach the High Court for directions to authorities.

For further advice, consider a phone consultancy. Hope this helps. Please write a review if you found it helpful. Thank you.

Shubham Goyal.

Shubham Goyal
Advocate, Delhi
342 Answers

You have written a big post here whereas you have missed out on the complaint given to the association and the action taken by them in this regards.

If youir association has not taken any action as envisaged in by laws or local law, then you can approach the local civic body with a complaint about stray dog menace in the association complex with particulars of the incidents  causing harm to humans or the association members and their family members. 

If you have a complaint about stray dogs, you can contact the local animal welfare organizations, officers, or staff of the Animal Husbandry Division

India has laws to protect animals, and there are ways to deal with stray dogs

People who want to feed stray dogs can adopt them, register them with municipal authorities, and take care of them. They can also put them into shelter homes

Feeding dogs can help blunt their aggression

Housing societies cannot pass pet bye laws that disallow pets. This is in accordance with the Prevention of Cruelty to Animals Act, 1960

T Kalaiselvan
Advocate, Vellore
87437 Answers
2348 Consultations

Why should the street dogs be removed just because you find them an eyesore? They belong to this planet as much as humans like you do. Before humans like you purchased flats built by builders on those lands these street dogs lived there and therefore it is their birth place and natural habitat.

 

In a polity governed by the rule of law the majoritarianism does not prevail. Few or majority residents cannot be allowed to gang up and quell the rights of the feeders and those who are fed by them. As long as the feeders are feeding in accordance with rules laid down by Animal Welfare Board of India they cannot be stopped from doing so. 

 

The Supreme Court has now upheld the ABC Rules 2023 in its final judgment rendered in April this year. Under ABC Rules the street dogs are to be subjected to compulsory sterilisation (surgical removal of their reproductive organs) so that they do not multiply in numbers and they become docile. It has a specific provision pertaining to feeding of street dogs. It is the duty of your RWA to arrange feeding spots for street dogs under ABC Rules, 2023. If your place has street dogs who are not neutered then call the Municipal Corporation and get them neutered, but this mob mentality will not get you anywhere. 

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

even if you have majority you can’t remove them. If they are attacking someone such experts can be hired who will treat them. There are NGOs for the same. Humans are not the master of this planet. The dogs have rights too. Society can make rules for dog lovers to feed dogs at a designated place in society without creating nuisance and unhygienic conditions. Dogs are even present in high court and Supreme Court premises 

Prashant Nayak
Advocate, Mumbai
32675 Answers
207 Consultations

Dear Client,

The Animal Birth Control Rules and the Prevention of Cruelty to Animals Act, 1960, have in fact prohibited relocation or harm to street dogs once they have been sterilized and vaccinated under law. Your concerns about safety and peaceful living within the residential complex, however, are very genuine and deserve a response of kind. The Thane Municipal Corporation will be given the legal responsibility. Its jobs include sterilization, vaccination, and aggression cases. You can write a formal letter to Thane Municipal Corporation and request that it intervene, conduct some sterilization drives, and ensure safety for the locals. Also, through the municipal authorities, one would seek relocation to an animal shelter should the dogs in the community become aggressive or accidents start happening. The federation ought to ensure that it talks to the municipality while taking measures such as feeding them at designated spots not within commonly used areas and checking on the behaviors of the dogs. A legal petition in higher courts needs to be filed to appeal against the ABC Rules during judicial review. However, practically, it would begin with making local authorities interact and try to find an organized mechanism so that all the complaints brought forth are put on paper and supported by the majority of the residents.

Hope that this helps you to solve your problem.

 

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

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