Owning Dogs A Luxury That Comes With Responsibility: Karnataka HC Calls For Higher Penalties For Cleanliness Violations In Public Parks
The Karnataka High Court instructed the Bruhat Bengaluru Mahanagara Palike (BBMP) to amend its bylaws to impose higher penalties on pet owners who fail to adhere to cleanliness norms, particularly those who do not clean up after their pets while visiting public parks.
The Court emphasized that while pet owners have the right to take their dogs for walks in parks, it is equally important to ensure that other park-goers can enjoy a clean environment.
The Court's order was made while allowing a local NGO, CUPA, to withdraw a public interest litigation (PIL) it had filed in 2021. The PIL sought permission for residents to bring their pets to public parks across Bengaluru.
A Division Bench of Chief Justice NV Anjaria and Justice KV Aravind highlighted the need for the BBMP and the state government to ensure that the provisions of the Karnataka Parks, Play-fields, and Open Spaces (Preservation and Regulation) Act, 1985, are strictly enforced. The Court said, “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,”
However, the Court noted that the petitioner's request had become irrelevant since the BBMP and state authorities had already started implementing state-issued guidelines for pet owners, as well as for residents' welfare associations and those who feed stray or pet dogs.
Despite the submission by the state that the guidelines were being followed, the High Court stressed that the government could not rely solely on these submissions. It urged the state and the BBMP to take more concrete actions to ensure public spaces, including parks, remain clean.
The Court also added, “The BBMP shall amend the relevant By-laws to incorporate the appropriate Rule. The Rules shall also provide for imposition of penalty on the violators. The penalty amount for the dog owners who or whose dogs are found and detected to be conducting themselves irresponsibly in treating and cleaning of 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,”
Cause Title: M/S Compassion Unlimited Plus Action (CUPA) v. State of Karnataka & Anr., [2024:KHC:47819-DB]
Appearance:
Petitioner: Advocates Anjan Vartak and Alwyn Sebastion
Respondents: AGA Niloufer Akbar, Advocate SH Prashanth