The Madras High Court has ruled that those living in residential areas are not entitled to keep dogs or other pets as a matter of right.
The direction came as the court dismissed a review petiton by D. Vikram, a resident of Coimbatore, challenging the order by the authorities asking him to “remove forthwith his dogs” after neighbours complained that his canines annoyed and caused inconvenience to them.
“It has been established in the present case that the barking and howling of the dogs has caused inconvenience and annoyance to the complainants,” Justice S. Tamilvanan said.
At least three residents had complained to Sub-divisional Magistrate/Revenue District Officer that Mr. Vikram’s dogs, about 30 in number, kept barking and howling at nights, besides emitting a foul smell.
Mr. Vikram argued that the Coimbatore authorities had failed to take note the complainants had an “animosity” towards him due to his success in competitions conducted by the kennel club.
The Judge, in his order passed last week, pointed out that it was the duty of the respective district authorities and municipal administration to regulate and remove the “nuisance” in public interest.
The neighbours in their complaint claimed that the dog owner was violating the Coimbatore City Municipal Corporation Act.
Keywords: Madras High Court, pets, dogs, Coimbatore
The judges decision is Respectable and very true also proved that civil rights are still protected by courts in this country. I have no objection if my neighbors are in a relationship with a pet(s) if they both are in control, but the case is that most peoples aren't. I feel that the pet growers psychological believes that the way they love pets, they expect others to do the same as others may consider them nasty. Worst case there are lot of problems with those pets usually dogs who bark around in residential areas creating nuisance and the owners aren't ready for a remedy worst case they don't realize that there are people around who needs good sleep at night to get to work fresh early, i remembered my neighbor dogs(4dogs) barks at early morning from 3-7am where i prefer to study, whom shall i request that i got an exam to prepare for - the pet lover deaf neighbor of the dog? or perhaps this judgement is what the solution is. Hat's off to Justice S. Tamilvanan for a sensible judgment.
How a responsible high court judge can pass such a general statement? If dogs cannot be kept in residential areas where exactly they should be kept? when you consider a particular case how can you generalise and give a chance to many people who hates animals just like that without any reason to pick up fights with animal owners of their locality? Really India is becoming a place where anything can happen.....Why all are after some animals who cant even talk and know only to love?...
Are dogs the only reason a person loses sleep. I wish you would consider the points listed below and if similar judgments would be passed. 1. Cars with annoying horns and tunes when they reverse in an apartment complex. Should we Ban parking of cars in apartments. 2. Temples and other religious places blaring devotional songs at 5 a.m. in the morning. Should we shift all these places elsewhere? 3. Kids playing in the apartment complex. 4. Crackers going on the whole day during festival season and goes well past midnight. 5. Political parties have meetings at residential areas. I have a dog in my flat. My 80 year old mother feels safe when i am not at home. And it does not bark all the time, in fact rarely barks. So i feel there has been a gross injustice in this judgement.
This judgement is really to welcome. In the residential areas, particularly in flats , all houses are in one - big house. So making a little bit of noise will affect all the people in all the flats. Now a days people have different type of jobs and they return from office in different hours. If a person returns home at about 11PM after doing hard work in the office from 8 am and getting into to sleep, and at that moment if the dog in the flats starts barking ,whatever may be the reason , then his sleep will be disturbed and what will the position of that person ? His health will be strongly affected. we cannot sleep as and when we wish. now a days , having a deep sleep is very rare; if that rarely occurring sleep is disturbed by the barking sound of a dog, then is it tolerable ? aged people take pills to have a deep sleep which is very essential for their health as prescribed by the doctors; if that is spoiled by the barking sound of a dog, then it would definitely spoil their health. we cannot say when will the dog bark ? so definitely as given by the judgement, the dogs cannot be kept in the residential areas that too particularly in the flats. This judgement will be mostly welcomed only by those who really experienced the sufferings occurred by the barking sound of the dogs in the flats, like me.
I took a new group House in Akkayapalem,Visakhapatnam(A.P) last year and the neighbour have 3 dogs which keep on barking and disturbing all the time.I have 2 infants and its a great annoyance for us.
Can any one help us in solving the problem,since any discussion with neighbours would result in quarell.
Pl take necessary action as it would be great help to us
Adress : Navin kumar.
Lakshmi Naidu Residence,2nd floor,beside new bridge.
Dr no :45-31-2/6
Land Mark - Near sangam officee,Akkayapalem
Visakhapatnam(A.P)
Mbno: 9346782002
I welcome this decision. Clearly having a pet in residential neighborhoods should not be a "right".
I disagree with Mark Chapman's remarks. This decision brings India in sync with most of the Western world. All townships in the United States for example have clear cut guidelines on pet ownership which includes when and where pets are allowed, how they should be chained, their training and so forth.
Is this rule applicable even in Bangalore? Even I am facing same problem & looking out for a solution:)
I stay at an apartment and we moved in recently. Its a new apartment and the association is yet to be formed. I got a notice from my builder asking me to remove my pet. I refused. There is no clause in the agreement with the builder that I cannot have them. The judgement of Hon'ble Justice Tamilvanan is misinterpreted by many DOG HATERS. There is a difference between one pet and 30 dogs. I am sure that the Hon'ble Justice did not mean that there should be no dogs in residential areas. I am planning to file a clarification petition to this judgement or a fresh writ petition so that there is some clarity. Also the builders should make it clear at the time of sale of flat that they have a NO PET POLICY.
I don't agree with the judgment given by Justice S. Tamilvanan as this will affect all the pet lovers. If there are 30 to 40 pets are dogs then his Judgment is right.
Hi,
The problem of stray dogs in the streets of Mugalivakkam, Porur, is growing from bad to worse. I'm really getting impatient. These dogs start growling in chorus at night, create a huge ruckus and deprive us of sleep. Could you please let me know where do I lodge a complain?
Few months back I called the guys at Blue Cross, but they suggested sterilization of the female dogs to stop further proliferation. I'm not convinced by their reasoning, it sounds more like a lame excuse.
How do I get rid of the stray dogs?
Please help!
Naveen. V
I understand that 30 dogs will be a nuisance but passing a generic law that citizens are not to have dogs in residential areas is not a solution but just means of creating more problems and ways of making more playfields for criminals. I feel we are living in Hitler's era where your rights are taken away and a list of rules are handed down. I know that China and India are the top developing countries. Just to get the facts straight I think that meant moving forward, but with headlines like such and demonstration of power rather than a resolution to the problem I think it makes every Indian doubt.
Whats Becoming Of India and whats happenning to our freedom. I would understand,if a ruling is passed to keep dogs controlled or get rid of them due to the inconvenience caused to neighbours during untimley hours, but then again it depends on who's our neighbours. What if our neighbours are breaking the law by night and the dogs are just an inconvenience. Are we looking to increase court cases and feed more lawyers with increased crime rate whilst India cannot manage the high volume of court cases which are pending for many years with no solutions and with the petitioners getting poorer by the day due to court & lawyer fees. VIPs can afford to have body guards but again dont they rely on dogs to sniff out criminals. The middle class can only afford dogs to keep them safe. After all a dog is a man's best friend. By the way if we can't have dogs in a residential area then where on earth can we have them. I wish we spent our time reducing pending court cases and catching corrupt personnel than having a dog fight over a harmless creature. Come on India wake up it time to be ranked in the world but not like this.
I live in the Philippines, I have one dog, repeat one dog, only. It barks when some dogs come in front of my gate but my neighbours don't complain because they feel safe when my dog barks it means someone is near our house.
So that they can be alerted to see who is intruding our space. But 30 dogs is to much. Just one or two ok . Disturbing your neighbhour with 30 dogs barking is to much disturbance. Just sell or give to others all those extra dogs.
Dogs and other pet animals must be banned from apartment and flats complexes as well.
Maintaing a pet peoperly so that it does not disturb others is a duty of every pet owner... If one is not doing his duty, then there is no way he can enjoy his right...!! this is a matter of common civic sense.
Maintaining 30 dogs cannot be deemed as pet dog keeping.One can understand if it is one or two.Dogs hostels,running on commercial lines,should be located in an area,far removed from human habitat.
I am a big lover of animals and possess a dog myself. But I welcome this decision of the court. I have faced similar problems myself in the street that I live in, where this guy has adopted about 3-4 stray dogs and does not keep them well. The dogs are unleashed and roam on the street all the time, frequently attacking other pets in the street and getting into really nasty fights. They menacingly growl whenever someone goes past their house and overall, are a big big nuisance.
Strict government guidelines should be highlighted to pet owners with regards to the conditions in which they can raise their pets.
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