WEB ANALYSIS + IRAC

“The Modern Mowgli”

NANCY
18010126257
Division - C
3rd Year BBA LLB (Hons.)
 Acknowledgements

I, Nancy, a student of Symbiosis Law School, Foremost, I would like to express my sincere
gratitude to my esteemed university to provide me with an opportunity in the form of an
alternative option to do a web analysis for those who could not secure a service internship.
I’m grateful to our director Dr. Gurpur for her never-ending support and understanding
towards her students & providing with tasks from which we get to learn so much.

The Modern Mowgli, NGO is doing such great work and providing for stray animals
in a pandemic where humans are not caring for fellow humans. I’m highly grateful to have
stumbled upon such an organization and her founder Anoushka Mehta who is a huge
inspiration for everyone there.

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 Table of content

Serial no. Contents Page no.

1. Table of references 3

2. Abstract of report 4

3. Web analysis 5-8

4. IRAC 9-13

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Table of references

Serial no. References

1. Instagram handle of the organization- @themodernmowgli19
2. Face book page of the organisation -
https://www.facebook.com/themodernmowgli/
3. You tube channel of the organization -
https://www.youtube.com/c/TheModernMowgli/videos
4. Website of the organization - http://www.modernmowgli.com/
5. SCC online for the case law research
6. indiankanoon.org
7. casemine.com
8. www.peta.org
9. http://www.bbc.co.uk/ethics/animals/rights/rights_1.shtml
10. https://www.britannica.com/topic/animal-rights
11. https://www.thoughtco.com/what-are-animal-rights-127600
12. https://thedigitrails.com/blog/2020/05/14/the-story-of-young-moderator-of-
change-the-modern-mowgli-anoushkamehta/

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 Abstract of the report

The Modern Mowgli, NGO upon which my analysis is based, has been a constant inspiration
for a year now. I was very keen on interning with the organisation this summer but as the
world came to halt due to COVID- 19, and the organisation mostly work on ground by
providing for the needs of stray dogs on the streets of the capital, it became impossible to
work. But that did not stop me from researching more about the organisation and somehow
contribute to it by spreading the word about it. The web analysis is based on how and what
this organisation was built for. And the journey of Anoushka Mehta, the founder of The
Modern Mowgli.

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Web Analysis

The Modern Mowgli

“I don’t believe in the concept of hell, but if I did, I think it would be filled with humans
who are cruel to animals”- Gary Larson

I started following this page on Instagram about a year ago in a hope to adopt a puppy. But
what really inspired me was the by the godly work this girl Anoushka Mehta, who is almost
the same age as me was doing all on her own. Hundreds like me who are inspired by her work,
comes up and donates essentials for stay dog to ensure their survival. For example, a dog collar
manufacturing company Donated
dog collar straps that glow in dark
to help the drivers at night to
identify or see that there’s a stary
dog on the road and to prevent
unintentional accidents. Her
frequent motivational posts are no
less than an antidote to all the stress
in these difficult times. It is really
heart warming to see someone
doing so much for stary animals in
a world where sometime humans
refuse to help fellow humans. Not
being able to work on ground with
this organisation, will be my biggest regret out of many I’ve due to this pandemic. But
nonetheless this gave me an opportunity to learn more about the modern mowgli by researching
online, that how this organization not only helps stray dogs get adopted and send them to their
forever homes but also how the founder of this organization goes out her way to provide for
the stray dogs. Anoushka herself goes out every night to feed these dogs in different localities,
put illuminated collar bones, from deworming the dogs to getting them vaccinated all by
herself, it has been an inspiring journey just by following all this through her daily updates on
Instagram handle. Feeding stray dogs on the Delhi streets almost everyday and regular updates
about that by posting about it on Instagram stories and posts.

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The modern mowgli since it started 5 years ago has successfully given home to more than 100
stray dogs and puppies & also the ones who were abandoned.
Feeding to 1000s of dogs every month is different achievement
all together. Whether it’s feeding stray dogs or getting them
vaccinated, this young lady never backs down from helping a
stray animal.

Anoushka Mehta, a 22-year-old Dentistry Student at

Manav Rachna Dental College, had a different approach
towards these litter. With a crumbled ten-rupee note found in
the pocket of her jeans and a packet of biscuits, she started to
feed a bitch and her litter.

The Journey

“On the periphery of my college, there is a vast

jungle. I became a frequent visitor there for a bitch
and her litter. We jumped over fallen trees, trekked
for a small stretch, amidst that wilderness, I felt
like my true self. My friend jokingly said that I
reminded her of Mowgli”, Anoushka recalled how
her Charity “The Modern Mowgli” was started. As
she says, Universe orchestrated so well that she
only found dogs in distress or ones who needed
medical intervention. “With little cash in hand and
a lot of unsettled bills at the door, I decided to take up odd jobs. From selling paintings I held
dear to my heart to working overtime and writing articles for a website that paid me only 0.04₹
per word.”

For the last four years, she has saved over 100 animals so far, under conditions where they
were clinging on to their dead mother and to some extremes where their guts were all around
the road after being run over. They all had different stories but they were all given the same
gift- second chances.

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The Building of The Modern Mowgli

When asked how The Modern Mowgli became one of the go-to for the locals in Delhi and
Faridabad, she smiling says, “None of it was
planned. I was just too busy sowing the seeds,
taking baby steps, adding pieces that I forgot
to see the bigger picture that was forming”.

Soon enough, the pack grew from 2 to 140

dogs and we recently celebrated a big
milestone. “Our charity has served 100,000
meals to 120 homeless animals in three years,
she says proudly”.

The Modern Mowgli has placed more than 50

Indian dogs and cats in loving homes within
India and abroad. Served a hundred sick
animals and gotten over 150 dogs sterilized.
“Even though this charity is led by a single
person, it is supported heavily by people living
in different corners of the world, the shared
love for animals unifying us all”, says
Anoushka

Heart Warming Stories of Adoption

When we asked her to share a story of adoption, she

immediately recalled “Fidato”. Fidato was only five days old
when he was abandoned on the sidewalks of a crowded
bazaar in Chandni Chowk. An aggressive crowd hurriedly
stomped on his tiny body, his soft whimpers and coos fell on
deaf ears and his eyes were still shut to this world’s
speciesism.

Not only Fidato, but Ryan and Aster also flew to Texas in
March with their mother Rachael. They were found amongst
the ruins of an abandoned garage writhing in pain and hankering for the company. Today, they
live a life full of riches.

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Become a helping hand

Speaking of the difficulties she faces to keep up with the expenses

she incurs, she says, “We frequently post fundraising appeals
urging people to become patrons and skip a coffee at Starbucks
and become a virtual adopter of one
of the one hundred and forty dogs
we look after. Mowgli Merchandise
is also in the pipeline and we are
hoping to launch our own line of T-
shirts and other products by the end
of August. Needless to say, ALL the
profits will go into furthering our
cause”.

That extra luxury we often spend on, a mere 10% if we could donate
to causes like these, we could help these moderators of change
make a big difference in their work. If you are thinking about how
you can contribute to such a noble cause, here is how you can do
your bit.

Some examples of fundraising are shown in the pictures attached.

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IRAC

Shri. Ajay Madhusudan Marathe Vs. New Sarvodaya CHS Ltd

Summary of the case:

The Consumer Court ruled in favour of a resident who

complained that the co-op society in which he resided had
passed a resolution preventing dogs from making use of the
building’s lifts. The society passed this resolution on the basis
that the dog was not a consumer and his usage of the lift could
result in the spread of diseases and hence could be disallowed
from using the society’s facilities. To this, the Court declared
that the owner, being a member of the co-op housing society,
was a consumer and hence, was well within his rights to bring
his complaint to the Consumer Court. In addition, the dog bore
a valid Kennel Club of India licence, was registered with the Municipal Corporation and had
been issued a Health Certificate by the Bombay Veterinary College. This ruling reiterated that
residents couldn’t be prevented from having pets and those pets were not to be banned from
using lifts.

Complete analysis of the case as per IRAC format:

Complainant - Sh. Ajay Madhusudan Marathe

Vs

Respondent - New Sarvodaya Co Housing Society ltd.

Summary of the claims by the complainant: Complainant has a pet dog named “Shimu”. This
dog is staying with the family of the complainant since 1997. The dog is registered with Navi
Mumbai Municipal Corporation & his license number is 2103 & KCI registration number is
97/002502. This registration and license number show that Dog is pet dog of complainant.
Respondent is registered Co Op housing society. The society sent a notice to complainant on
11/5/2008 informing him that he cannot use society’s lift for the movement of the dog. When

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complainant protested, the society communicated to complainant that use of society’s lift by
the dog may result in spread of diseases. The society informed the complainant on 28/5/2008
that he should get a certificate about the health of the dog from a veterinary doctor. The Bombay
Veterinary College at Parel Mumbai issued a certificate that the dog has no infectious or
contagious diseases. Even after submission of this certificate, the society continued with its
stand of not allowing the dog to use the lift. Society went even further & passed an illegal
resolution in the General Body Meeting (GBM) held on 3/8/2009 in this matter. The society
did not give an opportunity to the complainant to explain his side. The dog is old & he is
suffering with osteoarthritis; hence it is very difficult for him to use the stair case and use of
lift is a must for the dog. Taking his prayer into account suitable order may be passed.
Respondent may be ordered to allow the dog to use the lift. Also, Compensation & legal
expenses may be paid to the complainant by the society.

Summary of the response by the respondents to the claims by the complainant: The dog owned
by complainant is not a consumer. Also, he is not a person. Hence it is out of judicial purview
of Consumer forum and hence the forum cannot address to complaint about the dog.
Complainant has not paid the due amount as per rules of the society and hence a case under
section 101 is filed against him. Society in its General Body meeting (GBM) held on 3/8/2008
has passed a resolution that pet animals like dogs, cats etc. cannot use the lift of the society.
The complainant deliberately did not attend this meeting. It is for the safety & security of the
members of the society, their families & visitors, that the pet animals were prevented from
using the lift. No one can give guarantee about these animals & they can be dangerous. The
complainant is not paying any extra amount for keeping the dog hence the complainant cannot
use the lift for the movement of the dog. Hence the complaint to be rejected with expenses.

Issues Raised:

1) Is the respondent responsible for deficiency in service to the complainant?

2) Is the complainant eligible for getting compensation and legal expenses from the

society for mental agony / harassment?

Explanations to the issues:

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Issues no. 1: It is pertinent to address the objections raised by the Society. As per society, it is

out of purview of this forum as Dog is not a consumer of the society, as no separate charges

are levied by society. Complainant is defaulter. The forum is of the view that society is

registered co-op housing society, and that complainant is member of the society. He pays the

Maintenance charges to society .If the complainant is defaulter, the society is free and has

recourse to act so as to recover the amount. But as a member of the co-op society, the

complainant is definitely eligible to lodge a complaint with this forum regarding deficiency in

service & he is consumer of the society as per section 2 (1) (d) of the consumer protection act.

In this matter, whether the dog is a consumer of the society is not a pertinent point, and only

the point to be checked is whether the complainant is consumer of the society. Hence the

arguments put forward by the society are being rejected since the forum does not find any

substance in it.

On merits, forum has observed that the complainant is a resident of the building for a long time.

The society is registered in 1982. Complainant has valid license for the dog issued by the Navi

Mumbai Municipal Corporation. The dog is staying in this building with the complainant for

the last 11 years. The dog is now old & is suffering with osteoarthritis. Complainant stays on

top floor of the society & hence it is very difficult for the dog to use the stair case. Complainant

has attached a certificate from the Bombay veterinary college dated 16/6 /2008 along with his

complaint. This certificate states the following very clearly

“-------------- on clinical examination he is apparently healthy except he has acrylic

dermatitis at the right metatarsal region (hind limb) wound at the left elbow. However, he

has no infections or contagious disease and is fit to keep at home.

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Since the dog is aged 11 years and having osteoarthritis, he should be allowed to use lift of

society. He has already been vaccinated against Anti-rabies, DHLPPI Corona which are

valid up to May 2009. _____”

With this certificate it is very clear that the dog owned by complainant is not suffering with

any contagious disease & thus there is no possibility of anybody else being affected. It is clearly

mentioned in the certificate issued by the Bombay Veterinary College that the dog is

vaccinated. It is also mentioned that the dog is 11-year-old & suffering with osteoarthritis hence

should be allowed to use the lift of the society. As per the forum the dog is staying with his

owner & family for the last 11 years in the same building. Society has not brought to the notice

of the forum any proof about the dog injuring any resident or visitor to the society. As per the

complainant the dog needs to use the lift only 2-3 times day. The forum feels the stand taken

by the society about the dog not being allowed to use the lift is incorrect. The complainant has

obtained valid license for the dog & also registered the dog. Society cannot prevent members

staying on higher floors from having pet dogs. Taking into consideration the age & health of

the dog, the complainant must be allowed to use the lift for the dog. But the society without

any justifiable reasons prevented the complainant from using the lift for his dog. Even after

getting the certificate about dog’s health from the authorities the society refused to allow the

lift to be used for the movement of the dog. The forum feels this is deficiency in service by the

society as per section 2(1) (g) of the consumer protection act. Society must allow the lift to be

used for the movement of dog henceforth. Complainant should use the lift of the society for

the movement his dog when no other person other than his family member is present in the lift.

In case the dog urinates and/or dirties the premises of the society in any manner the

responsibility of cleaning up will be with the complainant.

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Issue no. 2: Forum feels the society has prevented the complainant from using the lift for the

movement of dog without any justifiable reason although the dog is licensed & registered. The

complainant has been staying in the building with his dog for the last several years & has been

using the lift of the society for movement of his dog. The authorities have given a certificate

that the dog will not lead to any danger or affect health of any body. Deliberately ignoring all

these aspects, the society prevented the lift being used for movement of the dog. Due to this

illegal action taken by the society the complainant was put to great inconvenience. An old dog

could not use the lift of the society. Complainant & his family went thru mental agony &

suffered. Since the deficiency in service by the society is responsible for this suffering,

complainant is entitled to get Rs. 3,000/- compensation from the society. Not only that but

since the society did not look into the complaint of the complainant properly, the complainant

had to approach the forum. He had to take help of a lawyer. The forum feels the complainant

is entitled to get Rs. 2,000/- towards legal expenses from the society.

Final Order/Ratio:

1) Complaint no 166/ 2008 is partially accepted.

2) Order is passed that the society should allow the lift to be used for movement of the
dog.
3) Society should pay the complainant Rs. 3,000/ towards compensation & Rs.2,000/-
towards legal expenses within 45 days from the date of this order.
4) In case the order above is not followed within the time limits given, the complainant
will be entitled to get interest on the pending amount at the rate of interest of 12 % per
annum.
5) Certified True Copy of this order shall be given to both the parties immediately.

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