People For Animals – Pune District

Address: 102 , Nisarg Nirman , Pimple Saudagar, Pimpri Chinchwad, Pune: 411027
Head Office: 14, Ashok Road, New Delhi, Ch. Person Smt Maneka Sanjay Gandhi

Date: 21 May 2022

To

All Societies

Subject: Do’s & Don’ts wrt Stray Dogs/Cats

Dear Residents,

People for Animals, Head Office New Delhi, is a recognized Animal Welfare Organization by Animal Welfare Board of India, Ministry
of Animal Husbandry, Dairies and Fisheries.

We receive many grievances from compassionate residents who feed and look after the welfare of the stray animals about
harassment and ill treatment meted out to them by co-residents/neighbours restraining them in carrying out their fundamental
duties as per Article 51 A(g) of the Constitution of India.

Article 51-A(g) states that it shall be the duty of citizens to have compassion for living creatures.
Article 51-A(g), therefore, enjoins that it is a fundamental duty of every citizen ―to have compassion for living
creatures, which means concern for suffering, sympathy, kindliness, etc., which has to be read along with Sections
3, 11(1)(a) and (m), 22, of the PCA Act.

Section 11 of the Prevention of Cruelty to Animals Act, 1960 also takes into account that no animal shall be starved to
death.

Community dogs (stray or street dogs) and cats have the right to food and citizens have the right to feed community dogs/cats.
Any person having compassion for the stray dogs may permit them to be fed or feed them at his/her private
entrance/porch/driveway of his/her house or any other place not shared with other residents.
Areas adjacent to the boundary walls of the houses which are not used for passage or do not have any exit/entry
points can also be used for feeding. Likewise, vacant lands may be used for this purpose.

It shall be the duty and obligation of every Resident Welfare Association to ensure that every community dog in
every area has access to food and water in the absence of caregivers or community dog feeders in the said area

Every Resident Welfare Association shall have an Animal Welfare Committee, which shall be responsible for
ensuring compliance of the provisions of the PCA Act and ensure harmony and ease of communication between
caregivers, feeders or animal lovers and other residents.

If any of the street / community dogs is injured or unwell, it shall be the duty of the RWA to secure treatment for
such dog by the vets made available by the Municipal Corporation and / or privately from the funds of the RWA.

Please understand that we must all make collective efforts towards preventing the infliction of unnecessary pain or suffering on the
animals since their rights are statutorily protected under Sections 3 & 11 of PCA Act. The animals have a right against human beings
not to be tortured and against infliction of pain or suffering.

We wish to highlight the importance of Animal Birth Control and feeding the stray animals around you along with some simple
steps to maintain a balance with our Eco system.

Email ID : Info@pfapunedistrict.com | Website : www.pfapunedistrict.com

 People For Animals – Pune District
Address: 102 , Nisarg Nirman , Pimple Saudagar, Pimpri Chinchwad, Pune: 411027
Head Office: 14, Ashok Road, New Delhi, Ch. Person Smt Maneka Sanjay Gandhi

STRAY DOG FEEDING –

A -Feeding of Stray animals has been included in “Essential Services” by Ministry of Animal Husbandry during Covid.

B - Feeding of stray animals is the fundamental and constitutional right of citizens under Article 19, 21, 25 and 51-A(g).
Feeders and care-givers of the street community dogs/cats are protected by law. They are encouraged to feed and give support
to the dogs/cats to help the civic body with the Animal Birth Control -Sterilization program but they are not to be held
accountable or responsible for the dogs in any manner whatsoever for e.g barking/sitting on cars or defecation.

1. Feeding is permitted inside or outside gated communities depending upon where the dogs reside. Bigger Societies may need
multiple feeding zones.

2. There is NO LAW that prohibits the feeding of street animals and residents should not harass and intimidate feeders. Attempts to
interfere with, or harass persons who choose to tend to and feed community dogs/cats may tantamount to the very grave criminal
offence under IPC Sections 503 / 504 and 506 .

3. It is advisable to choose a designated area for feeding away from heavy human footfall and put up an Animal Feeding board.

4. Societies charge a maintenance fee to owners for maintenance which includes garbage and waste collection, so it is the society’s
responsibility to take care of animal waste too.

C - Recently, in view of the order dated 24th February, 2021 passed by the Delhi High Court in W.P.(C) 2556/2021 titled Urvashi
Vashist v. Residents Welfare Association, AWBI issued a Notification dated 03rd March, 2021 to identify sufficient number of
feeding spots for stray dogs in every district and to properly implement the AWBI Revised Guidelines on Pet and Street Dogs
dated 26th February,2015.

D - Killing or throwing animals out of their domicile is a violation of the Prevention of Cruelty to Animals Act 1960 and the orders
by the Hon’ble Bombay High Court in the case People for Elimination of Stray ... vs State Of Goa By Its Chief Secretary and
Others... on 17 October, 2008.

E- Street/Community dogs cannot be beaten/driven away from their domicile, nor should they be tied up
or caged/confined to kennels or enclosures. They have a right to co-exist and move around freely. Residents have absolutely NO
AUTHORITY and are NOT PERMITTED to manage street community animals and remove /ask other residents to remove them
from their domicile/original habitat. Nor can they ask their Security or employees to do so. Security Agencies can lose their
licenses if found to be doing so. RELOCATION is in gross violation of ABC Rules, 2001 u/s 38 of PCA Act 1960, punishable by up to
3 months of punishment.

The Animal Birth Control (Dogs) Rules, 2001, provides that all street dogs should be sterilized, vaccinated and shall be released into
the same area from where they were taken.

F- In Supreme Court judgement in Appeal AWBI Vs Jallikattu , the five freedoms of Animal welfare were upheld by the Hon’ble
Court and Centre was directed to take action against erring officials in case of any violation of PCA Act (Prevention to cruelty to
Animals) .
Following are the rights/freedoms of animals:

1. Freedom from hunger, thirst and malnutrition

2. Freedom from fear and distress
3. Freedom from physical and thermal discomfort
4. Freedom from pain, injury and disease
5. Freedom to express normal patterns of behaviour

G. It may be noted that any aggression/hostility that the dogs are subjected to may render the community dogs hostile/aggressive
towards humans. This may lead them to snapping/biting in self-defence. Here the human aggressors are themselves to blame.
Shooing away dogs, throwing stones, sticks, hitting, kicking or screaming/shouting at the dogs may result in provoking them and
the dogs may feel threatened causing them to react in resistance/self-protection. Please refrain from such actions.

Email ID : Info@pfapunedistrict.com | Website : www.pfapunedistrict.com

 People For Animals – Pune District
Address: 102 , Nisarg Nirman , Pimple Saudagar, Pimpri Chinchwad, Pune: 411027
Head Office: 14, Ashok Road, New Delhi, Ch. Person Smt Maneka Sanjay Gandhi

Please understand- Barking is a natural behavior of a dog and barking is considered natural by the Supreme Court.

H. The ROS under MCS Act 1960, prohibits any Chairman/Secretary to make their own laws/Rules even with majority unless
approved by the ROS in writing and it is deemed illegal to implement them. You have NO AUTHORITY to make your own rules as the
law does not mandate such illegitimate bye-laws which are in contravention with the existing Central Govt. Laws and
High/Supreme Court Rulings. Please note that the Society does not have the right to legislate, and lay down law for
residents, apartment owners or even TENANTS.

I. In order to check the overpopulation of street dogs in the community, it is also the responsibility of community to get their street
dog population sterilized through an NGO engaged in Dog sterilization programme.

Please take note of the Uttarakhand High Court Ruling, June 2018 - Animals & Humans have equal Rights!

Animals have a right to live with respect and dignity in our society.

SOLUTION AS PER GOVT OF INDIA

Ref to AWBI Animal Birth Control (Dogs) Module - There is a clear need to manage street dog’s populations efficiently to promote
human and animal health and welfare, without causing conflict and animal suffering.

WHY REMOVAL OF STREET DOGS DID NOT WORK.?

Here is what happens when street dogs are taken away or removed from an area:

1. Their territories become vacant and street dogs from neighboring areas move in to occupy them
2. The street dogs which escape the catching squad continue to multiply, and therefore the territorial vacuum is soon filled again
3. Dog fights increase since every time a new street dog enters a territory he is attacked by the dogs already in the neighborhood
4. Dog fights continue to take place over mating. Dog bites also increase as during dog fights passersby may get accidentally bitten
5. Rabies may continue to spread, if vaccinated street dogs are removed and their place is taken by unvaccinated dogs
6. When street dogs are being removed en masse, it is usually the friendlier and sterilized dogs that get caught / killed / dislocated
first. The street dogs that remain may be unsterilized and unfriendly. This unintended trait selection may lead to an overall change
in behavior of the street dog population in that area. Thus this only creates an unstable, constantly changing, rapidly multiplying
and rabies carrying dog population. Man-dog conflict ultimately and invariably increases in areas from which street dogs are
dislocated / removed / killed.

AWBI also promotes feeding as a very effective tool in making ABC program a success and a cordial atmosphere only enhances
peaceful existence of stray dogs without fear of rabies, much reduced biting and barking.

You can write to us on info@pfapunedistrict.com in case help is needed for free sterilisations and vaccination as per ABC Rules,
Govt Of India.

Best Regards.

Asha Ambekar
Head –Housing Society Matters/Cases
PFA PUNE DISTRICT

Email ID : Info@pfapunedistrict.com | Website : www.pfapunedistrict.com