Society Cannot Restrain House Help From Rendering Services To Resident Who Feeds Stray Dogs In The Premises: Bombay High Court

The Bombay High Court recently restrained a housing society from preventing the house help of a woman from entering the society premises and assisting the woman, because she (the resident) feeds stray dogs.A division bench of Justices Girish Kulkarni and Advait Sethna said the housing society, by restraining the woman's house help and other staff from entering the premises, was only breaching her fundamental rights. "We direct petitioner no.1 not to prevent any of the staff members/maid servants visiting the apartment of the respondent-Leela Varma to discharge their regular duties," the judges said in the January 21 order. The judges said that since they are presiding over a Constitutional Court, they cannot overlook that the fundamental rights or the basic human rights guaranteed by the Constitution of India, to the citizens and/or members of society are not breached on such causes and is required to be protected. "We may observe that the petitioners cannot resort to and/or not respect and/or breach the fundamental rights guaranteed to the respondent as also to the other residents of the buildings merely because they are feeding the dogs, who belong to the said area or have territorial affinity," the bench held. The judges further explained that if there was any grievance of the society, on any issue of feeding the dogs or any place of feeding, it is available to society to take recourse to appropriate proceedings before the designated authority, which can be defended by the respondent in finding out the suitable mechanism for feeding of the dogs, that is the object in which the rules in question as also the substantive law on protection of animal rights would be required to be considered and implemented by the authorities.The bench was hearing an application filed by one Leela Varma, who pointed out that her society - Seawoods Estates Ltd. was restraining her house help etc from entering her house and rendering their services only on the account that she had been feeding stray dogs of the vicinity on the society premises. The judges are seized with a plea filed by the society challenging the Rule 20 of the Animal Birth Control Rules, which provides for feeding of community animals. The bench has ordered the other respondents to the main petition, to file their affidavits and has adjourned the matter for further hearing till February 5.Notably in April 2023, another division bench led by Justice Kulkarni had held that society residents were under obligation for providing proper drinking facility for street animals, especially in the onset of summer. It had also held that hitting the animals with a stick would amount to cruelty. Appearance:Advocates Yash Agarwal and Sattyendra Mule appeared for the Petitioners. Advocate SV Sonawane represented the Resident.Advocate DP Singh represented the Union of India. Additional Government Pleaders Kedar Dighe and Manish Pable represented the State. Advocate Tejesh Dande represented the NMMC.Case Title: Seawoods Estates Ltd. vs Union of India (Interim Application 18918 of 2024)Citation: 2025 LiveLaw (Bom) 30Click Here To Read/Download Order

Society Cannot Restrain House Help From Rendering Services To Resident Who Feeds Stray Dogs In The Premises: Bombay High Court

Narsi Benwal

Tags