A Chennai court declared illegal for apartment associations to impose fines or restrictions on pet owners, ruling in favor of 78-year-old Manorama Hiteshi, a dog owner affected by such by-laws. The court emphasized that penalizing pet owners violates their rights, urging cooperation to address issues like pet waste. The judgment highlighted the legal and ethical dangers of forcing pet abandonment, which could increase stray animal risks. Activists praised the ruling, calling for humane solutions in residential communities.
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Tamil Nadu: A court in Chennai has ruled that apartment owners’ associations cannot impose fines or restrictions on pet owners within their premises. Declaring such actions ‘illegal‘, the court emphasized that such rules violate the rights of pet owners.
This decision was made in response to a case filed by 78-year-old Manorama Hiteshi, a pet dog owner who lives in a gated community in Tiruvanmiyur. The Management Atrium Owners Association of her apartment had introduced controversial by-laws targeting pet owners.
These by-laws included banning pets from using apartment lifts and imposing fines for issues such as pet defecation in common areas. The fines ranged from Rs 1,000 for the first offence to Rs 3,000 for repeat violations.
After her petition to the City Civil Court was dismissed in July 2023, Manorama Hiteshi filed an appeal.
Additional Judge L. Abraham Lincoln overturned the earlier ruling and declared that apartment associations have no legal right to create by-laws or regulations that penalize pet owners.
The court stressed the importance of mutual understanding and cooperation between pet owners and apartment associations to address concerns such as pet waste management. Judge Lincoln suggested practical solutions like implementing a “scoop-the-poop” policy for pet owners.
In his remarks, Judge Lincoln warned about the consequences of intimidating pet owners into giving up their pets. He pointed out that such actions could lead to an increase in stray animals, which could cause accidents and endanger both animals and humans.
“Please bear in mind that if any association intimidates a pet owner into surrendering or abandoning their pet, it effectively contributes to a violation of the law. Furthermore, this action could exacerbate the problem of stray animals, as pets unused to living on the streets are more likely to cause or fall victim to accidents, injuries, or fatalities,”
-he stated.
“Please also bear in mind that intimidation is an offence in law,”
-he added.
Animal rights activist Anthony Ruben praised the court’s decision, highlighting the role of pets as companions. He remarked,
“Pets cannot be considered as animals as they play the role of a companion. Imagine a 78-year-old woman made to take the stairs with her companion dog, which is inhuman. Only amicable and sensible solutions should be arrived at for certain issues.”
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