BYE-LAWS OF RESIDENTIAL SOCIETIES PROHIBITING PET OWNERS FROM KEEPING PETS IN UNCONSTITUTIONAL

The Kerala High Court held that bye-laws of residential societies that prohibit a resident from keeping a pet in their houses/ flats should be treated as void, unconstitutional and unenforceable in law. A Division Bench of Justices AK Jayasankaran Nambiar and Gopinath P passed the order on a PIL petition filed by People for Animals, challenging the practice of bye-laws of societies obstructing residents from keeping pets in their apartments. 

The bench ordered all residents to cease putting up notices or signs prohibiting pets on their premises. However, societies can lay down reasonable conditions that a pet owner must adhere to. It did so intending to strike a balance between the rights ensured to pet owners and the rights of their neighbors to a life free of any nuisance.

The bench directed the State Government to take immediate action on any complaint filed against the infringement of any rights declared under this judgment.

Author: Papiha Ghoshal