Karnataka High Court bats for high penalty on those who don’t clean after their pets in public parks

The Karnataka High Court recently directed the Bruhat Bengaluru Mahanagara Palike (BBMP) to amend its bylaw to impose “higher penalty” on pet owners who breach norms of cleanliness and do not clean after their pets when visiting public parks..The High Court said while pet owners may have the liberty to take their dogs for a walk in the park, other visitors too have a right to enjoy a clean environment.In an order passed on November 21, a bench of Chief Justice NV Anjaria and KV Aravind also directed the BBMP and the Karnataka government to ensure that the provisions of the Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act of 1985 are implemented in letter and spirit.“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 the directions while permitting a local NGO to withdraw a public interest litigation (PIL) petition it had filed in the year 2021, seeking directions to the BBMP to permit residents to bring their pets to public parks across Bengaluru.The petitioner sought permission to withdraw the PIL after the BBMP and State authorities submitted that the petitioner’s prayer had become infructuous since authorities were already implementing the State’s guidelines issued to all resident welfare associations and apartment owners associations, pet owners, and those who feed stray or pet dogs.However, the High Court said the State could not get away with merely submitting that all guidelines were being implemented..The Court said the State and BBMP must take tangible steps to ensure public spaces including parks are kept 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..[Read Order]