A divorced Kolkata-based couple’s five-year-old Labrador, Bruno, landed in a creche earlier this year, where he was diagnosed with anxiety-induced aggression. The reason? Neither of Bruno’s co-parents could furnish official ownership documents, and their claim of emotional attachment to the pet was not admissible in the court of law.
Bruno is among many other pets in India facing the brunt of marital disputes due to a lack of custodial laws concerning pets in case their parents decide to part ways, say Kolkata animal lovers.
While pet custody continues to remain a grey area, with limited provisions laid down under law, cruelty towards animals also often goes unaddressed, say legal experts.
Emotional and legal crisis
In Indian courts, pets are not seen as sentient beings but as “property”, says Abhishek Chakraborty, advocate at the Calcutta high court.
“There is no statute governing pet custody after separation. Mostly, such issues are settled through mediation or out-of-court agreements. If there’s no agreement, courts tend to award custody based on practical factors like financial stability rather than emotional bonds,” he said.
This approach often results in heartbreak, not just for humans but also for the animals who form deep emotional bonds with their families.
Actress Arijita Mukhopadhyay, who has faced a joint custody situation herself, said, “Dogs feel loss and separation just like humans. Some dogs might not adjust to shifting homes every few months. There’s no one-size-fits-all solution, and the law needs to reflect this emotional complexity.” The high-profile custody battle between Supreme Court lawyer Jai Anant Dehadrai and Trinamool Congress MP Mahua Moitra over their Rottweiler, Henry, further highlights the absence of clear provisions in law for couples who own pets.
In this case, Dehadrai alleged that Moitra filed a civil suit for joint custody after losing in the Delhi High Court and accused her legal team of attempting to intimidate him. The case is subjudice and Henry is unsure about his home.
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Negligence and abandonment of pets: Where’s the lacuna
India’s Constitution offers animals protection under Article 21, the Right to Life, and Article 51A (g), the duty to show compassion. The Prevention of Cruelty to Animals Act, 1960, criminalises abuse, and the new Bharatiya Nyaya Sanhita introduces specific penalties for cruelty and abandonment.
In reality, however, enforcement is rare and cruelty is rampant.
Actor and animal activist Swastika Mukherjee recalled a horrifying scene: a pet dog falling on railway tracks as its owners try to board a moving train.
“Nobody was held responsible. No inquiry was made. Whether the dog survived or died remains unclear because there’s simply no tracking system in place for such cases,” she said.
Sneha Dutta, a communication professional, highlights the systemic apathy. “There’s no fear of punishment. If a dog is sitting quietly, someone might kick it or throw stones, and they’ll get away with it. A Rs 50 fine? A Rs 100 penalty? That’s not a deterrent. People spend Rs 300 on cigarettes without blinking,” she said.
“No laws in India at the moment are effective in preventing anything. And here we are talking about animal welfare, which probably doesn’t even come on the priority list of our parliamentarians,” Dutta added.
Social media outrage may amplify attention briefly but police stations hardly entertain cases related to pets, according to Dutta.
In a recent high-profile case, a woman was sentenced to imprisonment by the Bombay high court for contempt after making disparaging remarks linked to judicial handling of a pet dispute.
Legal perspectives for pet parents
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In the event of a divorce, pets are not viewed as dependents or family members but as property. Courts interpret their custody in the same manner as they would divide household items, guided by the Transfer of Property Act, 1882, and the General Clauses Act, 1897, says advocate Chakraborty.
“There is no specific statute that governs pet custody after separation. Where there is no settlement between parties, courts usually award custody based on factors like financial stability and the ability to care for the pet. Emotional attachment rarely plays a decisive legal role,” he explained.
Chakraborty notes that owners are strictly liable if their pet injures another person or damages property. “Section 291 of the BNS penalises owners who fail to control their animals, with punishments including imprisonment for six months and a fine up to Rs 5,000,” he said. The Prevention of Cruelty to Animals Act also holds owners accountable for negligent behaviour that leads to harm.
Responsibilities as a pet parent
Pet parents must also meet other responsibilities, such as registration, vaccinations, and ensuring appropriate living conditions. Although there is no centralised law mandating pet registration across India, cities like Delhi, Mumbai, Bengaluru, and Chennai require registration with local municipal authorities. Registration not only helps establish legal ownership but also supports public health, aids urban planning, and ensures better disease management during outbreaks.
Abandonment of a pet is a serious offence under Section 325 of the Bharatiya Nyaya Sanhita. It is a cognizable offence, allowing police to take immediate action upon receiving a complaint. Offenders can be prosecuted under the Prevention of Cruelty to Animals Act as well, with penalties ranging from fines to imprisonment. The Animal Welfare Board of India also takes complaints of cruelty and abandonment seriously.