On December 8, more than 30 dogs were picked up from the Sobha Lifestyle apartment in Devanahalli, Bengaluru, and relocated outside the city limits.
Footage from CCTV cameras inside the complex shows several stray dogs being tied to a rope before being flung into a tempo parked nearby.
Arshleen Kaur, one of the residents, claimed, "That day the security was breached, and the guard told us that the Resident Welfare Association (RWA) had permitted the vehicle to enter."
On December 9, the residents filed an FIR at Vishwanathapura Police Station under the Prevention of Cruelty to Animals Act (PCA), 1960.
Assistant Sub-Inspector, at the police station, Nagaraju, who goes by one name, said, "We are yet to collect the documents and record the comments of the residents." It will take at least three months for the police to close the investigation, he added.
Several activists and lawyers say this is a growing concern in Bengaluru as the real estate sector continues to expand in the city.
Thejeshwar, an animal welfare officer at Compassion Unlimited Plus Action or more popularly known as CUPA, said, "We come across these cases often inside the city where the residents and RWAs clash regarding stray dogs inside their apartment communities, even if the dogs have been staying there for years."
Advocate Abhilash Naik, who practices at the Karnataka High Court, added that though the rules and regulations have been put in place by the central government, the Karnataka state government needs to update and notify several new additions to make the law clearer.
Can apartment associations relocate stray dogs?
Several laws, including PCA and Animal Birth Control (Dogs) Rules, of 2001 protect stray dogs and prevent their relocation to other places.
On December 7, 2022, the Animal Welfare Board of India issued advisories where they clarified, "The Supreme Court has, in various orders, specifically mentioned that relocation of dogs cannot be permitted. The RWA also cannot deny feeding of dogs or creation of feeding spots in those areas where these dogs are residing" Therefore, all the RWAs and citizens of India are requested to not take any kind of adverse action against the feeders of dogs, nor to relocate or resort to the poisoning of dogs or commit other atrocities on these animals, which is against the law of the land, the advisory added.
Alwyn Sebastian, an animal rights lawyer, said, "We need to look at various laws, and bylaws in conjunction to understand the exact provisions. Though rules confer the responsibility of vaccination on municipal corporations, often people take up vaccination drives privately, but in the process relocate them to other places."
This, unfortunately, is a very common tactic used by RWAs who want to be stray dog-free campuses, Thejeshwar added.
Advocates say apartments can stop the movement of stray dogs being a private community, but, if the dog is already residing inside, taking it out will amount to relocation.
Grey areas in Karnataka policies for strays
In the case of Sobha Lifestyle, Kaur claimed that despite several requests, the RWA did not show proactive concern in vaccinating or sterilising the stray dogs already living inside the compound. "We had to vaccinate them ourselves with the help of local NGOs and organisations," she added.
Sebastian said very rarely regulations on stray animals are mentioned in the bylaws. "It is the discretion of the RWAs to decide what should be in the bylaws. It is not a mandate," he added.
Nair said, in such cases the residents of the association registered under the Karnataka Co-operative Societies Act 1959 cannot approach the registrar's office; they can only approach the local corporation or police. "The government should pass a notification or addendum to existing bylaws for guidelines to be followed for stray animals inside apartment complexes that can be followed by all associations registered in the state," he added.
Moreover, Sebastian added, the vaccination and population control responsibility mainly lies with the Bruhat Bengaluru Mahanagara Palike (BBMP).
From 2007-2015, BBMP's jurisdiction over Bengaluru shrunk from 800 to 712 square kilometres owing to a lack of proper surveys. Parts of Bengaluru Rural, as in the case of Sobha Lifestyle, are still run by local panchayats.
Activists say, most panchayats are not equipped with animal rights guidelines to ensure quick action in such cases or even to continue the vaccination drives.
"Sensitisation of the panchayats and RWAs is key to addressing this issue, especially in local dialects. Government initiatives are rapid inside the city, though not so much on the outskirts," Col. Nawaz Shariff, ex-DIG and chief veterinarian at PFA Wildlife Hospital in Bengaluru, said.
Members of the RWA said, “The Sobha Lifestyle RWA is represented by 150 houses. We have taken up the spreading of such false allegations and rumours by just one single household with the competent authorities. The matter being sub judice, we cannot respond in greater detail to any queries.
Officials at Sobha Ltd said, “We would like to clarify that we have handed over the property to the resident association in 2016 and all matters and incidents are to be addressed by them. We understand that the association has acted as per government guidelines and approached the local government authorities to address the stray dog issue. We are saddened by this incident that can be addressed amicably considering the consequences of caring for stray dogs that may lead to causing harm to residents as there is no single point of accountability for stray dogs.”
The police force needs to be equipped better
Chetna Bhutani, founder of We Are Friends With Tails, said, for such complaints to be registered, people often need to approach the police with a hard copy of the PCA or laws on animal rights, since there is a lack of awareness of these laws.
Salma Fahim, Secretary to the Karnataka Government, Animal Husbandry and Fisheries Department, agreed.
She said, "Recently, we met all Deputy Commissioners of Police (DCPs) of the eight zones and Assistant Commissioners of Police (ACPs) to sensitise them about the PCA laws and animal rights. We have also circulated a booklet to explain the role of the police in such cases. A lack of understanding persists. However, the government is working actively to promote awareness, not just among RWAs, but also the police department."
The department has also requested the ACPs to conduct sensitisation training of inspectors at 120 police stations in Bengaluru, she added.
What to do if you see such incidents in your apartment community?
Activists say every RWA should get community stray dogs living inside the complex vaccinated and sterilised or inform the local body to carry out a drive.
Thejeshwar added the residents should contact the local police station to report the incident before informing the local municipal bodies.
Additionally, Fahim added, the animal husbandry department has started a helpline (8277 100 200) for immediate help. "A team of volunteers are working 24X7 to answer distress calls, including of disputes inside apartment complexes. After the call, a docket number will be generated and the animal rights activist closest to the area will respond. Very few people are aware that this number also caters to stray-related issues," she added.
Recently, the state government closed tenders for four to five ambulances in Bengaluru that will help streamline the process further.
Shariff said the apartment owners can also write to the Animal Welfare Board of India (AWBI), which responds within 24 hours.
In June last year, AWBI sent a notice to the RWA of Legacy Ariston apartment in Bengaluru, for harassment of pet owners or community dog caretakers, a document accessed by Moneycontrol shows. The board directed the Chief Secretary and Director General of Police to enforce the laws against animal cruelty. "It is requested to conduct an inquiry into the matter and take appropriate action against the offender," the notice added.
"A system needs to be established today in these areas that have been neglected. The state government will streamline the process soon," Fahim added.
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