If you are stuck in such a situation, here is what to do.

Mr. Alok Verma, a resident of the “Serene Enclave” housing society in the city of Chandrapur, found his peace shattered by the incessant barking of a dog belonging to his neighbour, Mr. Rohan Joshi. Mr. Joshi was a tenant in the adjacent flat. The constant noise disrupted Mr. Verma’s work-from-home schedule and sleep. After his polite requests to Mr. Joshi went unheeded, Mr. Verma approached the local police station. The police issued a verbal warning to Mr. Joshi but informed Mr. Verma that their powers were limited in such matters. Frustrated, Mr. Verma turned to the Resident Welfare Association (RWA) of Serene Enclave. However, the RWA expressed its inability to take stringent action, citing animal welfare regulations and stating that it was a dispute between two residents. The flat’s owner, when contacted, was also reluctant to intervene for fear of losing his tenant and the rental income. Mr. Verma felt trapped, believing that the system was prioritizing the animal over the well-being of the residents.

Advice in such cases

Dealing with persistent noise from a neighbor’s pet can be distressing. It’s a delicate situation that balances a pet owner’s rights with a resident’s right to peaceful enjoyment of their property. Here are some steps you can take:

• Attempt a friendly dialogue with your neighbor. They may be unaware of the extent of the disturbance. Suggesting solutions like dog training, anti-anxiety toys, or more exercise might resolve the issue amicably.
• Maintain a detailed log of the barking incidents. Note the date, time, and duration of the noise. This documentation will be crucial if you need to escalate the matter.
• Formally write to your Resident Welfare Association (RWA) or Cooperative Housing Society. The society’s bye-laws often contain clauses regarding nuisances that can be invoked. A formal complaint puts the RWA on notice to act.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

While it may seem like a minor issue, Indian law provides remedies for such nuisances. The key is to frame the issue correctly.

• Bharatiya Nyaya Sanhita (BNS), 2023: Section 290 of the BNS defines “public nuisance” as any act or illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity. Persistent and loud dog barking can fall under this definition.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Section 152 of the BNSS (equivalent to the old Section 133 CrPC) empowers a District Magistrate or a Sub-divisional Magistrate to pass a conditional order for the removal of any public nuisance upon receiving a police report or other information. This is a potent and swift remedy.
• Society Bye-Laws: Every housing society has its own set of rules and regulations. These bye-laws almost always have clauses prohibiting residents from causing a nuisance to others. The RWA is bound to enforce these rules.
• Animal Welfare Board of India (AWBI) Guidelines: While these guidelines protect pet owners from harassment and arbitrary eviction, they also stipulate that pet owners are responsible for ensuring their pets do not become a source of nuisance to others.

If you are the complainant

If you are the one being disturbed by the noise, you are the complainant. Here is a systematic approach:

• Gather evidence. Use your smartphone to make audio and video recordings of the barking, ensuring the time and date are captured.
• If other neighbors are also disturbed, request them to be witnesses. A collective complaint holds more weight.
• Send a formal, written complaint via registered post to the pet owner, the RWA, and the owner of the flat (if the pet owner is a tenant). This creates a paper trail.
• If the issue persists, file a formal complaint at the police station, specifically mentioning the continuous nuisance. While they may not file an FIR, a record of the complaint (a “diary entry”) is important.
• The most effective step is to file an application before the Sub-divisional Magistrate (SDM) under Section 152 of the BNSS, presenting all your evidence of the nuisance.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the pet owner against whom a complaint has been made, it is important to act responsibly to avoid legal complications.

• Take the complaint seriously. Do not be dismissive. Acknowledge your neighbor’s concern and assure them you will take steps to address it.
• Try to understand the cause of your dog’s barking. It could be due to separation anxiety, boredom, or lack of exercise. Consider consulting a veterinarian or a professional dog trainer.
• Implement solutions such as providing chew toys, taking your dog for longer walks, or using calming aids. Document the steps you are taking.
• Familiarize yourself with the AWBI guidelines, which protect your right to keep a pet, but also outline your responsibilities.
• Communicate with your RWA and neighbor about the measures you are implementing to resolve the issue.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police often view neighborly disputes, including those over pet noise, as non-cognizable or civil matters. Their initial response is typically to mediate or issue an informal warning. They are generally reluctant to register an FIR under nuisance laws unless the situation is extreme or involves a breach of peace. They might advise the complainant to approach the RWA or file a private complaint in court. However, a persistent complainant who provides evidence can compel the police to take formal cognizance and submit a report to the Magistrate under the BNSS.

FAQs people normally have

Can the RWA ban pets from the society?
No. The Animal Welfare Board of India guidelines and various court judgments have established that RWAs cannot ban residents from keeping pets. However, they can create and enforce reasonable regulations regarding pet ownership, such as designated pet areas or rules about leashes and cleanliness.

Can I be evicted by my landlord because my dog barks?
Eviction is a complex legal process. A landlord could potentially initiate eviction proceedings if your rental agreement contains a clause about not causing a nuisance and you are found to be in breach of it. However, this is a difficult and lengthy process, and a single complaint is unlikely to result in eviction.

Is it illegal for a dog to bark?
No, barking is natural for a dog. The issue becomes a legal nuisance only when the barking is persistent, excessive, and occurs at unreasonable hours, causing significant annoyance and disruption to neighbors.

What evidence is required?

To build a strong case for nuisance, you need solid evidence. This includes:

• A detailed logbook with dates, times, and duration of the barking.
• Clear audio and video recordings of the noise from inside your home to demonstrate the level of disturbance.
• Copies of all written communication (letters, emails) sent to the pet owner, landlord, and RWA.
• Receipts from registered post or courier services as proof of delivery of your complaints.
• Statements from other neighbors who are also affected by the noise.
• If the noise has affected your health (e.g., caused anxiety, sleep deprivation), a doctor’s certificate can be valuable supporting evidence.

How long will the investigation take?

The timeline varies depending on the path you choose. An informal resolution through the RWA might take a few weeks. Police action, if any, is usually limited to an initial warning. The most effective legal route, a complaint to the Magistrate under Section 152 BNSS, is designed to be a summary procedure. Once a complaint is filed with sufficient evidence, the Magistrate can issue a conditional order within a few weeks. The entire process, including the other party showing cause, can take a few months to reach a final resolution.

Advocate Sudhir Rao, Supreme Court of India