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

In the city of Aravalli, a distressing situation has emerged within the Palam Vihar residential complex. A group of compassionate residents has been responsibly caring for the community’s stray dogs. These animals have been vaccinated and sterilized by the local Municipal Corporation, and the feeders have been diligent in following established guidelines for animal welfare. However, the Resident Welfare Association (RWA) of Palam Vihar has recently taken a hostile stance. They circulated a notice prohibiting the feeding of these dogs and threatening legal action against anyone who continues to do so.

This directive from the RWA is not only an attempt to displace the animals, which contravenes the Animal Birth Control (ABC) Rules, 2023, but it has also led to the harassment of the volunteer feeders. The situation has escalated, creating an environment of fear for both the animals and their caregivers.

The residents note that while some dogs were slightly territorial months ago, consistent feeding has made them calm and docile. They now rarely cause any disturbance. Despite this, the security guards employed by the RWA frequently chase the dogs with sticks, forcing them to live in constant fear, often hiding under vehicles. To mitigate conflicts, some feeders have even started sheltering the dogs in their homes, particularly at night. However, as these are community animals, they require outdoor access.

The conflict has taken a dark turn. Last year, one of the dogs was a victim of a poisoning attempt. Although she survived after emergency treatment, her face is now permanently paralyzed, making it difficult for her to eat. More recently, two other dogs fell severely ill with high fevers, raising suspicions of further malicious acts. The trust of these animals is so broken that they now only accept food from the few residents they recognize. The feeders are feeling helpless and are seeking guidance on how to address this illegal and cruel behaviour through proper legal channels.

Advice in such cases

Navigating conflicts with a Resident Welfare Association (RWA) over animal welfare requires a strategic and legally sound approach. Here is what you should do:

• Document Everything: Keep a detailed record of all incidents. This includes dates, times, and descriptions of harassment, threats from the RWA or other residents, and any harm that comes to the animals. Take photographs and videos of any injured or sick animals, and keep all veterinary bills and reports.
• Formal Communication: All communication with the RWA should be in writing, whether through email or registered post. This creates a formal record of your attempts to resolve the issue amicably and their response. Refer to the Animal Birth Control Rules, 2023, and relevant court judgments in your correspondence.
• 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.
• Form a Group: Unite with other animal feeders and compassionate residents in your society. A collective voice is stronger and more effective than an individual one when approaching the RWA or legal authorities.

Applicable Sections of Law

It is crucial to be aware of the specific laws that protect animals and the rights of their caregivers:

• The Prevention of Cruelty to Animals Act, 1960: Section 11 of this Act defines various forms of cruelty, including beating, kicking, torturing, or causing any unnecessary pain or suffering to an animal. Poisoning an animal is a serious offence under this Act.
• Animal Birth Control (ABC) Rules, 2023: These rules, notified under the PCA Act, explicitly state that community animals should be sterilized and vaccinated, not relocated or exterminated. They also provide for RWAs to collaborate with feeders to designate specific feeding spots.
• Bharatiya Nyaya Sanhita, 2023 (BNS): The new penal code contains provisions relevant to such cases.
  • Section 326 of BNS: This section deals with mischief by killing, poisoning, maiming, or rendering useless any animal. This is directly applicable if an animal is poisoned or intentionally injured.
  • Section 351 of BNS: This section pertains to criminal intimidation. If the RWA or any resident threatens you with injury to your person, property, or reputation for feeding dogs, it constitutes an offence under this section.
• Constitutional and Judicial Precedents: The Supreme Court of India and various High Courts have repeatedly upheld the right of citizens to feed community animals and have directed authorities to ensure their well-being. These judgments reinforce that RWAs cannot create their own bylaws that contravene national law.

If you are the complainant

If you decide to take legal action against the RWA or individuals harming the animals, follow these steps:

• File a Police Complaint: Go to your local police station and file a First Information Report (FIR). Clearly state the facts, name the individuals involved (if known), and cite the relevant sections of the law (Section 326 and 351 of BNS, and Section 11 of the PCA Act). Provide all the evidence you have collected.
• Approach the Animal Welfare Board of India (AWBI): The AWBI is the statutory body for animal welfare in India. You can file a formal complaint with them. They can issue directives to the local police and municipal authorities to take action.
• 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.
• File a Complaint with the Municipal Corporation: The local municipal body is responsible for implementing the ABC Rules. Lodge a complaint with them regarding the RWA’s non-compliance and harassment.

If you are the victim

If you are being personally targeted and harassed for feeding animals, your safety and rights are paramount.

• Prioritize Your Safety: Avoid direct confrontations and arguments. If you feel physically threatened, immediately call the police helpline.
• Record Harassment: Keep a log of every instance of harassment or intimidation you face. If possible and safe, record audio or video of these incidents. Save threatening messages or emails from the RWA.
• Do Not Be Intimidated: Remember that the law is on your side. RWAs do not have the authority to impose illegal fines or prevent you from feeding animals in a responsible manner.
• 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

Initially, the police might be hesitant to register an FIR, often dismissing such matters as minor “society disputes.” It is important to be persistent. Calmly and firmly state the facts and explain that cognizable offences under the BNS and PCA Act have been committed. Present a written complaint and request a receipt or acknowledgement. If the police refuse to register an FIR, you have the right to send your complaint to the Superintendent of Police (SP) or a higher-ranking officer. You can also file a private complaint before the Magistrate under Section 222 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

Can an RWA legally ban the feeding of stray dogs?

No. An RWA cannot impose a blanket ban on feeding community animals. As per the ABC Rules, 2023, and various court orders, they can, in consultation with feeders, designate specific feeding spots away from residential entrances, staircases, and children’s play areas to maintain harmony and cleanliness. However, they cannot stop feeding altogether.

What if the RWA imposes a fine on me for feeding dogs?

Any fine imposed by an RWA for feeding stray dogs is illegal and unenforceable. An RWA is a society registered under the Societies Registration Act and does not have judicial or statutory power to impose penalties that contravene national laws.

What evidence is required?

Strong evidence is key to a successful legal case. You should gather:

• Photographs and videos of the dogs (both healthy and when they are sick or injured).
• Veterinary reports and bills as proof of injury or poisoning.
• Copies of written notices, emails, or messages from the RWA.
• CCTV footage, if available, showing the harassment or the person harming the animal.
• Statements from other residents who have witnessed the cruelty or harassment.

How long will the investigation take?

The duration of an investigation can vary significantly. It depends on factors such as the cooperation of the police, the strength of the evidence provided, and the complexity of the case. A straightforward case with clear evidence like CCTV footage may move faster. However, if the perpetrator is unknown, it may take longer. Following up consistently with the police and having legal representation can help expedite the process.

Advocate Sudhir Rao, Supreme Court of India