The Karnataka High Court recently instructed the Bruhat Bengaluru Mahanagara Palike (BBMP) to revise its bylaw to impose stricter penalties on pet owners who fail to maintain cleanliness and clean up after their pets in public parks.
The court emphasized that while pet owners have the freedom to walk their dogs in the park, other park visitors also have the right to a clean and enjoyable environment.
In its order on November 21, a bench led by Chief Justice NV Anjaria and Justice KV Aravind also directed the BBMP and the Karnataka government to ensure full implementation of the Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act of 1985.
“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,” the High Court said.
The Court issued these directions while allowing a local NGO to withdraw a public interest litigation (PIL) it had filed in 2021, which sought orders for the BBMP to allow residents to bring their pets to public parks across Bengaluru.
The petitioner requested to withdraw the PIL after the BBMP and State authorities informed the Court that the petitioner’s request had become irrelevant, as they were already implementing state-issued guidelines for resident welfare associations, apartment owners' associations, pet owners, and those who feed stray or pet dogs.
However, the High Court made it clear that the State could not simply claim that all guidelines were being followed. The Court emphasized that the State and BBMP must take concrete actions to ensure that public spaces, including parks, remain clean.
It also said that the BBMP must also “tackle the menace of stray dogs.”
“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,” the High Court said.
Advocates Anjan Vartak and Alwyn Sebastion appeared for the petitioner NGO CUPA.
AGA Niloufer Akbar appeared for the State.
Advocate SH Prashanth appeared for the BBMP.
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