Chennai Court Rules Fines & Restrictions on pet owners in Apartments Illegal

Chennai: A Chennai court has ruled that RWA’s and apartment ownership associations cannot impose penalties or fines on residents who are pet owners. The court noted that such actions violate the rights of pet owners, calling such a resolution by an apartment owners' association in Tiruvanmiyur 'illegal',

The ruling came amidst hearing a case filed by 78-year-old Manorama Hiteshi. Hiteshi is a pet dog owner living in a gated community, where the Atrium Owners Association had implemented contentious by-laws targeting pet owners. The regulations issued by the apartment complex barred pets from apartment lifts and imposed fines for pet-related offenses like public defecation, ranging between INR 1,000 and INR 3,000. 

Hiteshi first approached the City Civil Court in July 2023, with her petition dismissed on her first visit. She then filed an appeal to challenge the ruling. Additional Judge L Abraham Lincoln then overruled the earlier judgment, declaring that no apartment association has the authority to create by-laws or regulations that penalise pet owners. The court underlined the importance of cooperation between pet owners and RWA’s in apartment complexes. 

Judge Lincoln advised both parties to collaborate and implement practical solutions, such as a "scoop-the-poop" policy for pet owners. He also highlighted the legal and ethical issues with such by-laws, noting that it could contribute towards stray dog populations, which could potentially cause accidents and injury to humans and animals alike.  

"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," Lincoln said. "Please also bear in mind that intimidation is an offence in law”, he added.