BBMP, why punish responsible pet owners instead of backyard breeders ?

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BBMP Pet Dog Licensing Bye Laws 2018 Feb 28 2018

One Dog per Apartment? Impounding ? BBMP penalising pet owners who are responsible rather than  Backyard Breeders with multiple dogs ?

Dr G Anand, Joint Director, Animal Husbandry, BBMP, was quoted in BM, “Pet registration in the city has been made mandatory. If pet rearing takes place without BBMP’s knowledge, then the owner will be penalized.” Get BBMP’s K9 version  of Aadhar its mandatory (Bangalore Mirror 2 June 2018)

Salient Points with Rebuttal in italics

This Bye Laws are a shock. No public consultation, transparency or engagement with animal lovers for these rules. This is the third attempt to introduce these damaging and irrational rules. What is the UDD , to which this was sent, thinking? The previous guidelines in 2013. 2016 Bye-laws were equally arbitrary, poorly thought out and therefore scuttled. The system of redressal ie fines, penalties , or  positive focus on ensuring that responsible pet ownership is encouraged, is simply not there. No effort has been made to help focus on the Indie breed or #AdoptDontShop or any attempt to curtail the Breeding mafia at ALL. The BBMP has been singularly ineffective in controlling street dog population by effective ABC ,resulting in untold cruelty to them, and now presumed to enter private homes to control what it cannot on the streets.

Lawyer’s response: “These rules seem illegal and unconstitutional on the face of it. The BBMP has promulgated these rules under Section 423(21) and (22) of the Municipal Corporations Act which only deal with control of diseases and compulsory vaccination. The rules however only barely touch on these issues and instead place arbitrary and unscientific restrictions on pet ownership - clearly travelling far beyond the rule making powers of the BBMP. Additionally, they are extremely vague, arbitrary, bear no nexus to the object sought to be achieved and violate the fundamental rights (especially the right to life) of both citizens and animals which are protected by the Constitution and multiple rulings of the Supreme Court of India. People have the right to have dogs as their companions and these rules unfairly target people who rescue and foster helpless animals.”

1.      All pet dogs now need a BBMP pet license at Rs 110. Fine for unlicensed dogs is upto Rs 1000 & continued failure after breach is upto Rs 300 per day. Microchipping is also to implanted when BBMP approves.

a.      No clarity on the excellent feature of  microchipping being mandatory or not. And from  when ? There is no information on cost, vendor, logistics, database registry nothing. How can something so important be treated in this cavalier a fashion?

b.      No grace time or time frame to start licensing is not specified

c.      No clarity on whether breeders dogs can be given pet licenses  under this category

d.      The circular states that the laws are applicable for bbmp limits. Breeders and easily shift premises to out of bbmp limits to avoid following the laws

e.      Why not cats, rabbits  and hamsters as well?

2.      Only one dog per flat and three dogs per independent house permitted by BBMP

a.      What about breeders who have multiple dogs in open houses ? What will BBMP do about that ? will the breeders dogs be seized? The Dog Breeders and Marketing Rules 2017 specify a breeders license to be issued once standards are kept , but this has not been implemented.

b.      By creating a situation where you imply the second and third dogs can be removed, BBMP as a civic authority is actually  encouraging abandonment of dogs , which goes against the PCA and is punishable .

c.      What about people who take on rescued dogs? There could be over 2 in a flat

d.      What about people who foster dogs in apartments? There is more than 1

e.      This is arbitrary and frivolous and  goes against the constitutional right to have companion animal/s and therefore no city law can bypass a national ruling

f.       What about breeders especially in slums areas who have an independent dwelling with multiple breeding dogs, in terrible conditions?

g.      This is a spiteful opportunity for apartment associations to harass or victimize owners who have more than one dog. This will create a lot of negative impact & unnecessary fear for responsible pet  owners.

h.      This was already thrown out by the AWBI when these guidelines were sent in last year .

 

3.      Any authorized BBMP Vet Inspector has the right to inspect the dog owners premises or outside

a.      Pet Owners may not allow someone inside the home. What if this is misused?

b.      What is the redressal ? This is not clear. Can they impound or should the pet owners be allowed to apply for a retrospective license?

c.      Confusion on rules- even now some inspectors incorrectly ask for a no-objection from the neighbors , and this is absolutely wrong, and trying to penalize the owner by bringing in unrelated people.. The neighbor cannot impact the constitutional  right to have a companion animal

4.      BBMP has also stated the 64  approved breeds that can be reared in flats or homes

a.      An arbitrary, frivolous list! What breed, for example, is an Affenpinscher or Coton de Tulear?

b.      We have never heard of some of these breeds. Is BBMP trying to promote some breeds or breeders ?

c.      What happens if I have a non approved breed or a large dog?

d.      The MOST important dog breed is not included here i.e. the Indian Dog , or the Indie, Stray, Desi , Kantri Nayi or our local breed , whatever we call our beloved dogs

e.      Standard small breeds like spaniels or popular ones like Golden Retrievers are not listed

f.       Ban BOUGHT ( not rescued) large dogs like St Bernard, Husky , Akita, Mastiff etc that are unsuited to our climate and cruelly used

5.      Failure to scoop poop is fined Rs 100 first instance , and double that the  second time onward

a.      Excellent law. You can double it. If done thrice or habitually, escalate further.

b.      BBMP  could add leashing in public places, except designated dog parks as well

6.      Bye-law 7 & 8 states any dog without the BBMP license &  badge or a stray animal without the approved  ear notch  can be captured by BBMP staff and impounded for 72 hours or more . The dog can be redeemed by its owner by paying a fine of Rs 450 (or Rs 550 for unlicensed dog) .

a.      What is the reason?

b.      Have you got place to keep these dogs?

c.      No clarity on the pound , shelter and where dog will go

d.       Has the process, logistics been thought out clearly?

7.      If not claimed,  these dogs will be considered stray dogs as per ABC 2001 Rules, and if healthy, they can be sold in auction, sent to a shelter, adopted   or detained in a dog pound. If found to be suffering from suspected rabies, they will be euthanized

a.      Can be misused by people trying to get rid of other people’s pets

b.      Pet Indies without ear notches & their owners are heavily exposed and affected

c.      Can be misused by those trying to conveniently  dump their own dogs

d.      By the way, how does BBMP plan to notify the owner in case of a pet dog found? Through a notice?? That may never reach the owner on time

e.      This auctioning option is an open invitation to breeders and it is obvious BBMP is well aware of it.

 

8.      Even if owned dogs remain unclaimed for 3 days, while under rabies observation, they can be euthanized .

a.      Open to misuse. Healthy dogs can also be put down.

b.      Many cases where dogs are ‘euthanized ‘ not when sick but when are  not required

c.      Huge Public Relations disaster as many misuses  can happen by people trying to dislocate their street dogs.

d.      Goes against Supreme Court ruling

9.      Animals with any dangerous, infectious diseases should be notified to BBMP Commissioner, and send them to a quarantined area.

a.      Very good idea. Please start by  giving approved list of quarantine areas for canine distemper dogs . This is critical to the survival of others

10.   Muzzling of 16 listed breed categories in public places. Fine for non-adherence not mentioned

a.      What is the fine if not followed  

b.      Is this a bye-law or a recommendation is not clear

c.      What happens if a dog attacks another human or dog? What is the process and owner liability .

General Information:

The  Animal Welfare Board of India ie AWBI says : 'If at all any association succeeds in intimidating a pet owner into 'giving up' or 'abandoning' a pet, it will actually have abetted violating the law and may well be aggravating the menace of ownerless animals on the street, that are not accustomed to living on the streets and, therefore, get involved in and lead to accidents, injuries and deaths. The association will therefore be guilty of criminal intimidation . Intimidation is an offence in law.'

Please refer to Section 11 (3) of Prevention of Cruelty to Animal Act 1960. It is also against article 51 A (g) of the Indian Constitution according to which it is the duty of every citizen to have compassion for animals, living creatures and improve the natural environment. The society resolution is illegal as it is unconstitutional.

Since long, there haven’t been any pet registration laws in Bengaluru similar to New Delhi, Chandigarh or Chennai, where pet registration has been made mandatory by respective Municipal Corporations. However, as per section 344 of Karnataka Municipal Corporation Act, keeping and feeding animals and birds without the permission of Municipal commissioner or concerned officer is strictly prohibited.

The Animal Husbandry Division of BBMP has issued over 2,100 pet licenses in Benglauru so far. Initially a draft was submitted by BBMP with modified by-laws for pet dogs licensing in 2013, however, this was not introduced due to objections from AWBI (Animal Welfare Board of India). The UDD sent back the draft with some observations aligned with objections by the AWBI. Taking those into considerations, BBMP has re-drafted the pet by-laws and sent it to UDD for approval. This is the third set of guidelines which have been already gazetted without any process. How ?

‘What is more galling than the draft guidelines is the reported response of Dr G Anand, the Joint Director of the Animal Husbandry Department, that if you want to have more dogs, do so in an independent house, or give away your less loved ones. In Bengaluru, can you recommend that to dog owners?” asks Priya Chetty-Rajagopal of the Cubbon Park Canine group.’ (as in : let them eat cake)

In a letter written on February 20th, 2014, AWBI Chairman had stated that “Even by obtaining consensus or even if the majority of the residents want it, you can’t legally introduce any sort of ban on keeping of pet dogs by residents. You cannot insist that ‘small sized’ dogs is acceptable and ‘large sized’ dogs are not. You cannot cite dog barking as a valid and compelling reason for any ban sought to be introduced by you.”[sic]

Third time lucky ? The BBMP had drafted a by-law for pet dogs licensing in 2013, it was not able to introduce the rules as it received objections from Animal Welfare Board of India (AWBI). The Urban Development Department had retained the draft bye-law for quite a long time in its shelf and sent it back to the BBMP’s Animal Husbandry section two months ago with some observations.

Acting up on the observations of UDD and objections raised by Animal Welfare Board, the BBMP has now re-drafted the by-laws and sent it to UDD for its approval for the second time, on February 10th, 2016. They have tried to reintroduce these laws and have done so successfully Feb 28 2018. Third time lucky , but for whom?

Useful links:

·        https://timesofindia.indiatimes.com/city/bengaluru/no-big-dogs-in-apartments/articleshow/56808619.cms

·        https://www.dogexpress.in/bbmp-proposes-new-pet-by-laws-in-bengaluru

·        http://bengaluru.citizenmatters.in/bbp-pet-permits-for-flats-individual-houses-bylaw-8070

·        https://www.change.org/p/bbmp-accelerate-pet-licensing-in-bangalore

·        gingertail.in/news/908/getting-pet-dog-license-india-north-and-south-zone

https://www.youtube.com/watch?v=GWINb7s9ln4&feature=youtu.be

 

 



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