Karnataka High Court Calls For Higher Penalty On Pet Owners Who Don't Clean Their Pet's Excrement In Public Parks

The Karnataka High Court has directed the state authorities to increase the penalty amount to be imposed on dog owners, who or whose dogs, are found to be conducting themselves irresponsibly in treating and cleaning of the excrement of their pets in public parks.

This penalty amount the court said would be higher than that which is imposed on the "other class of people" who breach cleanliness norms. In doing so the court emphasized that while the pet owners may have the liberty to take their dogs to the parks to roam around, the other section of the society and the class of the people who visit the parks also have a right to "enjoy clean environment".

A division bench of Chief Justice N V Anjaria and Justice K V Aravind directed this in its order, while issuing a slew of directions to be followed by State Government and Bruhat Bengaluru Mahanagara Palike (BBMP) to ensure parks and gardens in Bengaluru, are kept clean and menace of stray dogs within the area of gardens and parks is also required to be tackled. It underscored that a park without "neatness and cleanliness" is not a park, but turns to be a "chaotic place" and a place with nuisance and garbage. It further said that a clean and comfortable climate are "sine qua non" to make a garden the garden.

The bench further said, “The cleanliness is desired in all respects by all. All parks including the prominent Cubbon Park and similar big parks should be always spared from the activities of spitting, accumulating garbage, throwing plastic bags and permitting the pets to leave the waste of any kind. A garden is a garden, whether big or small, known or unknown. The violators deserve only stern treatment.”

It added, “The citizens and netizens could legitimately claim to be saved from the pet menace, more particularly those who fail to maintain the cleanliness in all respects for which the responsibility lies with the owners of the dogs as also with the civic authorities. The luxury of owning dogs may be enjoyed only by strictly observing the guidelines statutorily provided regarding cleanliness and hygiene”.

It thus issued the following directions:

(a) The provisions of the Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985 shall be implemented in letter and spirit by the authorities concerned.

(b) Solid Waste Management and Handling Rules, 2016 shall be strictly followed and implemented for parks and gardens including all other areas where they apply. The BBMP shall also exercise its statutory power to frame or amend or supplement the rules in the subject.

(c) Adequate funds shall be allocated for maintenance and for cleanliness of the parks and gardens in the City, by the Civil Authorities in the budgetary provisions.

(d) The Horticulture Department of the State Government as well as the Bruhat Bengaluru Mahanagara Palike shall work out and evolve a permanent mechanism to ensure that vigil is kept in all parks and gardens in the City of Bengaluru.

(e) It will be the responsibility of the authorities concerned of the Department and the Mahanagara Palike to see to it that the activities of spitting, throwing garbage or leaving the pet refuse does not happen within the park/garden area and precincts thereof, and that the cleanliness is maintained.

(f) The vigil and monitoring as above shall be done by deploying supervising teams. The BBMP shall amend the relevant Bye-laws to incorporate the appropriate Rule. The Rules shall also provide for imposition of penalty on the violators.

(g) The penalty amount for the dog owners who or whose dogs are found and detected to be conducting themselves irresponsibly in treating and cleaning the excrement of their pets in the public park areas, shall be higher than to be imposed on the other class who commit breach of norms of cleanliness.

(h) A three member team comprising of one Officer from Horticulture Department and two Officers from BBMP shall be constituted which shall pay periodical visit, say quarterly, to all the major gardens and parks in the city of Bengaluru to inspect, ascertain the effective observance and implementation of maintenance of cleanliness and related measures and suggest and chalk out remedial steps/actions wherever necessary.

The directions were given while disposing of a public interest litigation filed by NGO M/s Compassion Unlimited Plus Action (CUPA). The petition espoused the cause of lack of cleanliness resulting due to irresponsible pet parenting and due to failure of the respondent authorities to maintain cleanliness in that regard.

Further, it was said the premium garden places in the City of Bengaluru like Cubbon Park need to be protected from deviating conduct by the dog owners who visit the park with their pets. It is also imperative, it was stated, to ensure cleanliness in general, in all respects in public parks.

It was prayed to direct respondent No.2-BBMP to enforce the provisions of Solid Waste Management Bye-laws. The State Government had issued a circular on August 24, 2020 laying down guidelines to the resident welfare associations and apartment owners associations, the pet owners, covering all those who feed stray or pet dogs, it should implement the guidelines effectively. The state government said it has issued guidelines for proper maintenance of parks and gardens.

The bench on going through the same said, “The real beauty of the parks lies in its planting-neatness and the cleanliness. The parks and gardens are meant to exist with an ambience of neatness and fragrance of cleanliness. The parks and gardens maintained neat and clean contribute to and add to a healthy climate. The right to live in a healthy and hygienic climate is being recognised as a fundamental right as part of Article 21 of the Constitution, which guarantees right to life in its multiple dimensions and offshoots”.

Allowing the withdrawal of the petition the court said “In addition to the need to keep the parks clean, the menace of stray dogs within the area of gardens and parks is also required to be tackled. The stray dogs pose a threat to the free and safe movement of the commuters. The authorities are required to discharge their duties in this regard also”.

Case Title: M/S COMPASSION UNLIMITED PLUS ACTION (CUPA AND State of Karnataka & ANR

Counsel for Petitioner: Advocate Anjan Vartak for Advocate Alwyn Sebastian

Counsel for State: AGA Niloufer Akbar

Counsel for BRUHAT BENGALURU MAHANAGARA PALIKE: Advocate S.H Prashanth

Citation No: 2024 LiveLaw (Kar) 484

Case No: WRIT PETITION NO. 17443 OF 2021

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