High Court Issues Notice To Karnataka Government, BBMP On Plea To Permit Pets In Public Parks

A division bench of Acting Chief Justice Satish Chandra Sharma and Sachin Shankar Magadum issued notice while hearing a petition filed by an NGO M/s. Compassion Unlimited Plus Action (CUPA).

Advocate Alwyn Sebastian appearing for the petitioner submitted that there are a total of 1288 public parks that are owned and maintained by BBMP in the city of Bengaluru. Despite this, there is only dog park in the entire city, which happens to be a small extent of land situated within Cubbon Park limits, that has been unofficially designated as a "dog park", where dogs can be walked with the exclusion of the general public, that too only on Sundays for a few hours.

The plea states,

"While it is critical for the overall health and wellbeing of dogs to be exercised regularly and hence, they need to be walked, there is an increasing lack of responsibility displayed by some pet owners, who refuse to carry disposable "poop bags" or other appropriate arrangements to pick up the litter caused by their pets' excretion. This has resulted in animosity between the public and pet parents in general, thereby resulting in certain public parks imposing an absolute ban on entry of pets within the park premises."

It is also said that it is essentially the duty of BBMP to ensure the cleanliness of parks and as such, to also penalise persons who leave the excreta of their dogs unattended in such parks, in flagrant violation of the Government of Karnataka Pet Guidelines. Accordingly, it is suggested that BBMP make it mandatory for pet owners who wish to bring their pets into public parks to carry "poop bags" along with them. Poop bags, that are specifically compostable and biodegradable, and not plastic covers and newspapers.

Further, it is said once cleanliness is made a mandatory prerequisite, BBMP should permit access of pets in all public parks.

The plea relies on the guidelines issued by the Animal Welfare Board of India in November 2016, issued a notice to all states for allowing pet dogs to public parks. Furthermore, it is stated that there is no legal restriction against permitting pet dogs from entering public parks, much less any proscription of this nature under the Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation), Act, 1985 or any of the bye laws issued by BBMP. Yet, the BBMP has put up public notices stuck on the entrance gates of parks restricting entry of pets, the plea avers.

It says, "Owing to restrictions in open spaces in urban areas, most pet owners do not have sufficient space to walk their dogs, and are forced to walk their dogs on public roads that are usually traffic ridden and can cause a serious safety hazard. Walking pets on public roads can lead to many fights with the street dogs as well, who are territorial, thereby putting the lives of pets and pet owners at risk."

It adds, "To increase tolerance and compassion for animals, it is essential to permit them in public spaces as it fosters harmony, through responsible pet parenthood and operation."

The matter will be next heard on November 18.

Case Title: M/S Compassion Unlimited Plus Action (Cupa) v. State Of Karnataka

Case No: Wp 17443/2021