RWAs Versus Pet Parents: When ‘dog bites man’ makes the headlines

They have been revered as man’s best friend for centuries because of their loyalty, affection and willingness to put their bodies on the line to protect their masters. But of late, after a few biting incidents, canines in Noida and Ghaziabad find themselves in the doghouse, and viewed as enemies. Resident welfare associations across the two NCR cities now find themselves caught in the crossfire between pet parents and those seeking stringent regulations to keep dogs in line.

In the first instance, a pet dog attacked a child in the elevator of a residential society in Raj Nagar Extension, Ghaziabad. The second incident, in the Apex Athena society in Noida Sector-75, saw a dog on a leash attack a delivery boy in a lift.

Some say these incidents are blips when taking the entire pet population and stray dog population into consideration — humans attack humans more often. Humans also attack dogs, they point out. Recently, a resident of Greater Noida West allegedly attacked his neighbour’s Golden Retriever — generally a gentle breed — with a stick.  An FIR has been filed against the person for animal cruelty. There have been many incidents in Delhi NCR and across the country of men attacking or violently killing dogs. And one man even killed his neighbour, an animal lover, for feeding stray dogs.

Nevertheless, being bitten by a dog is a serious matter, with the victim likely needing precautionary treatment, and many residents have understandably been feeling fearful of being at the receiving end of a similar attack. This has led some in the NCR to vent at people who own dogs and push RWAs to pass stringent rules to keep pets in check.

Some have even gone to the extent of saying: “If you want a pet Pitbull (#banPitbull), go ahead, but not in an apartment complex. Buy a farmhouse or an independent villa to do so.” Pet owners, on the other hand, say that they were not consulted when the ‘pet-unfriendly’ rules were being imposed and that they cannot be ‘bullied’ into obeying arbitrary regulations because of a few stray incidents.

Those arbitrary rules by RWAs include not allowing pets in lifts and requiring dogs to be muzzled while out for a walk. Such rules are ‘unfair’ and not legal, the pet owners say.

What RWAs are doing

Following these incidents, the Federation of Association of Apartment Owners, Ghaziabad, on September 9 issued a string of guidelines for pet owners. Some of these include keeping pets leashed, muzzling them outside, or using an anti-bite ring collar (an Elizabethan collar), developing a pet friendly corner within the society and advising residents to avoid a lift if there is a pet in it.

The resident welfare association of Orange County, a society in Indirapuram, Ghaziabad, has also come up with a set of rules recently. Pet owners of the association have been asked to use large lifts when taking their pets out; they have been told to make sure there is nobody else in the lift at that time. If the pets are over 15 kg and prone to biting, owners have been asked to muzzle them. Pets have been banned from the club, fountain area, kids’ play areas and sports court areas. Gates have been earmarked for pet owners. The rules also make it clear that in case a pet were to bite a resident, the RWA would assist the member who has been bitten in filing an FIR and take stern action against the pet owner.

What the civic authorities say

Meanwhile, at a meeting organised at Ghaziabad Nagar Nigam this week, it was decided that every housing society should have fixed dog feeding spots for stray dogs. The number of points would depend on the number of dogs in a complex. It was also made clear that no association of allottees will levy any fines on pet owners — only the nagar nigam or the authority has the right to do so. There will also be no restriction on the use of lifts, parks or common areas by pet parents.

Laws fixing responsibility for dogs already exist and are being observed, it stated.

The issue of muzzles was also discussed. Muzzles cannot be enforced and are not advisable as these can obstruct the normal respiration of dogs. They also violate the Prevention of Cruelty to Animals Act. No fights. No Bites, it added.

Meanwhile, the Greater Noida Industrial Development Authority (GNIDA) has served notice to a group housing society in Greater Noida on September 9 forbidding it from imposing fines on pet parents. It also reminded the society that only the Authority has the power to frame policies. The order came following complaints by residents that the society was imposing fines on pet parents along with Goods and Services Tax.

Legal experts agree that a universal ban on pets is illegal. Nor can societies prevent people who have pets from renting houses. “Banning pets is illegal. According to Animal Welfare Board of India guidelines, pets cannot be debarred by RWAs from using lifts,” explained one expert, adding that no housing society can bar a pet from using common facilities such as lifts or parks.

Call for common sense

Rajiva Singh, president, Noida Federation of Apartment Owners Associations, a body of AOAs in Gautam Buddha Nagar, is of the view that a distinction needs to be made between real animal lovers who take care of their pets, as also strays, and those who keep fancy breeds as status symbols or as trophies at home and claim to be animal lovers.

“The latter (group of pet owners) become aggressive when asked to follow rules. While we cannot force individual choices on others in a mature society, we need to co-exist peacefully whether it is inter-human or inter-species. Pet owners also need to be responsible for their pets,” he adds.

The effort has to be collaborative instead of unilateral or arbitrary. Atul Kapoor, president, Omaxe Twin Towers, Noida, told Moneycontrol that it is not a debate between dog lovers and haters; the issue has to do with minimising risks, which cannot be done by issuing arbitrary guidelines.

“An RWA can at best issue guidelines but they do not have any locus standi under the law to implement them. This is akin to a situation wherein a resident plays loud music after 11 pm. The first reaction is to request the resident to bring down the volume. If he does not agree, there is a provision in the law to file a complaint with the police. In this case, adhering to guidelines issued by the RWA is voluntary and not enforceable under the law,” he explains.

The RWA can at best ask the pet parent to follow certain rules to ensure other residents are not in danger of an attack or an accident, particularly those who have a phobia. “Ultimately, the victim could be from a family that owns a dog or it could be someone who is not a pet parent,” he adds.

What pet owners say

Every dog bite incident should be looked at individually, say pet owners. Kumkum Ghosh, a resident of Indirapuram, who has adopted two strays as pets, says that when she bought her 18th floor apartment, nobody informed her that she would not be permitted to use the lifts for her pets. “Ultimately pet parents have to be responsible and cautious but they cannot be bullied due to a few stray incidents. Every case of a dog attack or bite is different. The municipality should also be responsible for sterilising stray dogs. It has been quite a struggle to find private vets who are willing to sterilise strays. A municipality can at least support residents, who look after strays, to bear the cost of sterilisation,” she says.

Sanjay Sabiki, a Noida resident who has been a pet parent for almost six years, explains that he understands why people who have never kept pets get nervous because he has walked in their shoes. “I was not a pet lover before I adopted my pug,” he says.

“While I am concerned about people who have been hurt and firmly believe that dog owners have to be responsible for their pets, non-pet owners should also realise that the situation needs to be approached in a humane way. There cannot be a blanket ban on dogs using lifts etc. There ought to be a middle ground. All dog owners should register their pets with the authorities and submit the documents with the RWA, including  vaccination records, among other things,” he says.

Housing societies should sit across the table with pet owners to frame regulations and not issue arbitrary rules, Sabiki added, noting that a point person can be appointed to handle all pet-related matters. Pet owners could start by asking others who get into the lift if they have any issues with it being inside. An aggressive stance is not the answer, he adds.

Sabiki said that around 50 pet owners in his society have formed a whatsapp group, where they schedule walks for pets in a common area. “We try and take our pets for a walk at a time mutually agreed between all of us,” he says.