While pet owners in Chennai face difficulties in obtaining permission to keep their beloved animals in apartments, the Central government’s notification has made it mandatory for residents’ welfare associations and apartment owners to provide food to stray animals on their premises. This has led to a debate.
Rule 20 of the Animal Birth Control (ABC) Rules, 2023, titled ‘Feeding of Community Animals’, states: “It shall be the responsibility of the Resident Welfare Association or Apartment Owner Association or local body’s representative of that area to make necessary arrangements for feeding of community animals residing on the premises or in that area. They shall designate feed spots and timings based on the dog population in the locality and also keep in mind it is not close to children’s play areas, or areas where kids or elderly people frequent.”
Validity challenged
S. Muralidharan, an activist in Chennai, filed a public interest litigation petition challenging the constitutional validity of Rule 20. The Second Division Bench of Justices R. Mahadevan and Mohammed Shaffiq on February 27 directed Central government senior standing counsel V. Chandrasekharan to take notice on behalf of the Animal Welfare Board of India (AWBI) and obtain instructions from the AWBI by March 15.
Meanwhile, many associations say they are unaware of such regulations. T. Gunaseelan, assistant secretary of GNG Colony Welfare Association at Ambattur, says awareness must be created among the people before the rules are enforced. “The area that developed recently has a majority of middle-income families. Many residents are concerned only about labour issues or civic problems. Such regulations will not be known to them. These rules must be propagated for better implementation,” he says.
V.S. Jayaraman of the T. Nagar Residents’ Welfare Association argues that managing stray dogs is not possible when even pet dogs are considered a nuisance. “Feeding one stray dog can attract many more dogs, some of which could be infected with rabies. Moreover, some people abandon their pets, which become strays. This is not right.” He says the new rule is impracticable as only a few individuals in an association may agree to it, while many others will object.
‘A cruel act’
A. Saravana, an animal volunteer for the Greater Chennai Corporation’s Zone XV and a resident of Thoraipakkam, has brought to light an issue concerning the displacement of animals due to the construction of apartments in the area.
Welcoming the rule, he says, “The vast land turned into apartments was once home to many creatures. While some apartment complexes allow the animals to reside in their car parks, most of them force the stray animals onto the streets, an act of cruelty. Many people claim that these stray animals, especially dogs, are aggressive and attack even the dormant ones. However, it is important to coexist harmoniously with other creatures as the city does not belong to humans alone. Dogs are territorial creatures, and removing them from their territories can cause them distress.”
He highlights the historical, spiritual, and psychological connections between humans and dogs, and adds that many people in his area believe that breed dogs are superior to strays, which is not the correct attitude.
M.S. Ravi, a resident of an apartment in Zone IX, suggests that the feeding zone be allocated in the Open Space Reservation plots on the apartment premises. “Food waste is one of the major issues in the complexes. If the remaining food is offered to the dogs, it may help everyone,” he adds.
‘Local bodies responsible’
Antony Rubin, an animal activist, says the local bodies are paid taxes for ensuring the welfare of stray animals and the responsibility must not be passed on to the residents’ welfare associations.
“The ABC Rules, 2023, focuses on mitigating feeder issues rather than on sterilisation. It goes deep into micro-managing the ABC Rules instead of decentralising for compliance. Since the inception of ABC Rules, 2023 [on March 10, 2023], no local body or NGO has been granted new ABC project approval from the AWBI. Then, as per the rules, all the local bodies are performing surgeries illegally. If the process is stopped, there may be a population explosion.”
Regarding the feeding rules, he says it should be up to the residents’ welfare associations or owners associations. “It is not fair to prohibit people from having pets at home; similarly, one should not be forced to feed dogs as animal preferences are subjective. One feeder cannot ask the rest of the majority who are not interested in compliance. It is possible that this rule may turn animal-neutral people into haters.”
He adds, “Further, the rule does not mention the duration. Should the owners or residents association be responsible for caring for the dogs after 10 or 15 years since the land was converted into a complex? It should also be noted that community dogs are free-roaming, as in villages. It cannot be brought into the context of urban apartment premises.”
J. Kamal Hussain, veterinary officer, Chennai Corporation, says the Tamil Nadu Animal Welfare Board has responded to the PIL petition, and the issue is within the purview of the Board as feeders need to register themselves with it. As for project approval, he says all submissions were made to the AWBI and approval is awaited. “Approval for the ABC centre, under construction on Lloyd’s Road, will be sought after the work is completed,” he adds.
Animal Birth Control Rules, 2023
Feeding of Community Animals
Sub-rule (1) of Rule 20
It shall be responsibility of the Resident Welfare Association or Apartment Owner Association or Local Body’s representative of that area to make necessary arrangement for feeding of community animals residing in the premises or that area involving the person residing in that area or premises as the case may be, who feeds those animals or intends to feed those animals and provides care to street animals as a compassionate gesture. The Resident Welfare Association or Apartment Owner Association or the Local Body’s representative shall ensure:-
(i) to designate feed spots which are mutually agreed upon, keeping in mind the number of dog population and their respective territories and the feeding spots shall be far from children play areas, entry and exit points, staircase or in an area which is likely to be least frequented by children and senior citizen.
(ii) to designate feeding time depending on the movement of children, senior citizens, sports which is likely to be least frequented by children and senior citizen.
(iii) designated feeder shall ensure that there is no littering at the feeding location or violation of guidelines framed by the Resident Welfare Association or Apartment Owner Association or that areas.
(iv) designated feeders are allowed to volunteer for the vaccination, catching and release of dogs to assist with the Animal Birth Control Program.
Sub-rule (2) of Rule 20
Where there is any conflict between the Resident Welfare Association or Apartment Owner Association and the animal caregivers or other residents, an Animal Welfare committee comprising of the following members shall be formed:
(i) Chief Veterinary Officer or his representative;
(ii) Representative of the Jurisdictional Police;
(iii) Representative of the District Society for Prevention of Cruelty to Animal or State Board;
(iv) Representative of any Recognised Animal Welfare Organisation conducting Animal Birth Control;
(v) Veterinary Officer deputed by the local authority;
(vi) Complainant;
(vii) Representative of the Resident Welfare Association or Apartment Owner Association or Local Body of that area.
The decision of the Committee constituted under sub-rule (2) of rule 20 shall be the final decision with regard to the fixing of the feeding point and the Committee may also nominate person from amongst the designated Colony Care Taker by the Board to feed those animals in that area.
Sub-rule (3) of Rule 20
Any local authority or animal welfare organisation or any feeder Resident Welfare Association or Apartment Owner Association or Local Body aggrieved by the decision of the Committee framed under sub-rule (2) of rule 20, the appeal shall be filed to the State Board and the decision of State Board shall be the final decision for feeding of animals in that area.
