While Indian law strongly protects animal welfare and the right to keep pets, it draws a clear distinction between keeping pets for personal companionship and running a commercial animal-related activity from a residential flat. In the present case, the activity described is not mere pet ownership but a pets care centre with intermittent breeding, operated as a source of livelihood, which squarely falls under commercial use of a residential premises.
Pets Are Allowed, Commercial Pets Care Is Not Automatic
Housing societies cannot prohibit members from keeping pets in their flats, as animal protection laws and constitutional principles recognise animal welfare. However, running a pets care centre, boarding facility, or breeding unit from a residential flat without permission is a different matter altogether.
The Model Bye-Laws of Cooperative Housing Societies clearly state that:
• A residential flat cannot be used for commercial purposes
• Any change in user requires prior permission of the managing committee
• Activities causing nuisance, unhygienic conditions, or disturbance to other members are prohibited
Therefore, the society is legally justified in questioning and restricting such activity.
Noise, Odour, and Hygiene Are Serious Violations
Intermittent barking throughout the day, bad odour, unhygienic conditions, and breeding activities directly affect:
• Right to peaceful living of neighbours
• Health and sanitation standards of the building
• Safety and comfort of residents, especially children and senior citizens
Such conditions amount to nuisance under cooperative laws and municipal regulations, irrespective of emotional appeals or personal circumstances.
Commercial Activity Requires Statutory Permissions
If the flat owner claims legitimacy, the society is entitled to demand documentary proof, including:
• Permission from the local municipal authority for commercial use
• Registration or approval, if any, from the Animal Welfare Board
• Compliance with Animal Birth Control Rules, 2023, especially regarding hygiene, breeding control, vaccination, deworming, and sterilisation
In the absence of these permissions, the activity becomes unauthorised and illegal.
Responsibility Under Animal Birth Control Rules, 2023
Under the said rules, the term “Owner” includes any person who has custody or possession of animals, even temporarily or for commercial purposes. This places clear obligations on the lady running the centre, including:
• Ensuring cleanliness and sanitation
• Preventing noise nuisance
• Proper vaccination, deworming, and sterilisation
• Ensuring animals do not pose health or safety risks to residents
Failure to comply allows the society to approach statutory authorities.
Role of Society Policy and General Body
Ideally, every society should adopt a Pet Policy approved by the General Body, clearly covering:
• Permissible pet-related activities
• Prohibition of commercial pets boarding or breeding
• Hygiene standards and noise control
• Penalties for violations
Such a policy strengthens the society’s position and avoids allegations of bias or discrimination.
Steps the Society Can Take Immediately
The society may take the following lawful and balanced steps:
• Issue a written notice demanding stoppage of unauthorised commercial activity
• Call upon her to produce statutory permissions, if any
• Direct her to immediately rectify hygiene and odour issues
• Pass a managing committee resolution recording nuisance and violation
• File a complaint with the local municipal authority
• Escalate the issue to the Animal Welfare Board or designated committee if non-compliance continues
Emotional appeals or gender considerations do not override statutory violations, especially when other members’ rights are affected.
Conclusion
To summarise, while animal protection laws safeguard pets, they do not legitimise unauthorised commercial pets care centres in residential flats. The society is well within its legal rights to:
• Object to commercial use
• Enforce hygiene and nuisance norms
• Demand statutory permissions
• Initiate complaints with competent authorities
A firm, documented, and policy-backed approach will help the society resolve the issue lawfully and fairly.
