Query from Sunil Prab

In our society there are 3 dogs (parents & 1-year old puppy) who have had their natural habitat for the past 4 to 5 years. These dogs are properly sterilized, vaccinated and belted by Pune Municipal Corporation, they are healthy, peaceful and mentally stable.

They have never ever created any troubles and hence there are no complaints against them.

Now few members have started playing their children in the driveway in the evening and due to this they are finding these peaceful dogs an obstacle for the safety of their children.

Due to this they have started shooing off, driving away and at times beating these dogs apart from creating issues and pressure on dog care takers.

The situation is worsening day by day and the dogs are suffering due to this. Few society members have now given letters of complaints against the presence of dogs and they are requesting the society to ban these dogs in this society.

I am the Chairman of the society, I have made the members aware of the Bye-Laws and society jurisdiction, Indian legal laws providing protection to the stray dogs, AWBI guidelines, cases in the DDR- (Neha Datwani case) and other court judgements as well.

Unfortunately, nothing is working, these members are now ready to fight the legal battle by forming a majority.

In this background I request you to let me know,

  1. Should our co-operative society follow the established laws or not?
  2. In case of any legal matter how the society funds can be used to follow the laws & protect the stray dogs?
  3. The powers of Chairman in this particular matter and can the Chairman direct the society under schedule XIX clause 173 section E of the model bye-laws of the Maharashtra coop hsg society.

I C Naik

It is safer to call a Special general body meeting and ask members as to what they want the Committee to do about it. Also get a power to defray /spend society funds on the issue. The protection to animals is given by laws which are alien to lay man’s thinking and logic. Before taking any harsh measures against the animals if the general body meeting so decides better ask for a written advice of a lawyer.

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