Mumbai News: 51-Year-Old Pet Owner Moves Bombay HC After Lower Parel Housing Society Bars Blind Dog From Using Lift, Cites Animal Rights Violation

Mumbai: A 51-year-old businessman Ashish Goyal is fighting a lone battle against the might of the managing committee of the building in which he is living in Lower Parel. He has a blind dog Ozzy and the committee has ruled that he cannot take the pet in any of the three lifts which members can use. He has now filed a public interest litigation in Bombay high court in defence of the rights of pets through his advocate Siddh Vidya.

Goyal lives in Era-2 building of Marathon Era cooperative housing society, Ganpatrao Kadam Marg, on the 22nd floor. The society comprises four towers of 36 storeys each with a total of 229 flats. The four towers are connected and share common access, common areas and common facilities like lobbies, lifts, parking, garden, gym etc.

The complex has six common lifts numbered one to six. Of these lift nos. 1, 2 and 3 are for the exclusive use of members, their tenants and guests. Servants, service providers and society staffers are strictly prohibited from using these lifts, but they can use lift nos. 4, 5 and 6.

Four years ago, a dog laid a litter of eight pups on Deepawali day and Ozzy, a male, was the last one. He was born blind because of which he could not access his mother for milk. He fell into a nearby pond and was rescued by a good samaritan. When Goyal heard about the plight of Ozzy, he instantly decided to adopt him and took him home.

On January 14, 2024, a society member obstructed Goyal from using the lift since he was accompanied by his pet dog. The member said Goyal was violating the rules of the society. Upset by this incident, he filed a non-cognisable complaint against the member.

Goyal said in his petition that "on the same night the said obstructing member in the WhatsApp group of 260 residents also falsely claimed that there were rules which prohibited members with pets from using certain lifts. They also made false propaganda that the petitioner herein not only broke society rules but had the audacity to approach the police. Dozens of society members, including three members of the managing committee, supported these false claims ....and incited the whole society against the petitioner and pet owners."

On February 24, 2024 Goyal complained to the police about the "hostile environment against pet-owners in the society and requested them to demand from the society the purported pet rules that were in force on January 14, 2024, the day of the unlawful obstruction. As a matter of surprise, on the next day (February 25, 2024) a notice titled ``Policy and guidelines on pets for residents of Marathon Era CHS) was issued by the committee."

Goyal has alleged that these rules and the penalties prescribed were in gross violation of guidelines issued by the Animal Welfare Board of India, which is a statutory body. Any policy cannot be in violation of existing laws of the land. He said the policy was framed in violation of the Maharashtra Cooperative Societies Act.

Advocate Siddh Vidya said even though there were laws and rules framed under them to protect the rights of animals, they were not at all implemented. ``This PIL is to ensure that the rights of animals are upheld by all," she added.