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by Sagarica Rajakarunanayake

The year just ended did not see any progress with regard to the rights of animals. For over two decades now, Animal Rights and Welfare organizations have been agitating for the revision of legislation pertaining to the protection of animals which has not undergone change for nearly a century or even more. What is the justice one could expect for animals when the penalties are ridiculously inadequate and the fines, even for the worst offence of cruelty to an animal have no relevance to current monetary values and must be revised at least a hundred fold to become punitive?

The phrase " the law is an ass" would well suit the animal protection laws as they stand today, as they are archaic pieces of legislation that even make a joke of the courts of law and the police who implement the law. The inadequacies of the animal protection laws prevent judges from giving deterrent punishments. In the case of the illegal transportation of cattle, the law does not provide for the mandatory confiscation of the vehicles used and animals illegally transported in them. Thereby, most owners of these vehicles are able to continue to use their vehicles for the same illegal and cruel transport of animals. In contrast is the case of the illicit transportation of timber, where the vehicles as well as the timber are liable to mandatory confiscation by law, making it a serious deterrent to errant vehicle owners.

The police, for the most part, are reluctant to prosecute vehicles carrying animals illegally. Occasionally when they do, they tend to take the driver and helpers to court on charges of cruelty only, for which the penalty is just Rs. 250 at maximum, in keeping with a law passed in 1907. It is common knowledge that the drivers of vehicles carrying animals illicitly and flouting the Prevention of Cruelty to Animals Ordinance (PCA) by severe overcrowding and suffocating of animals in the vehicles, are ready with "blood money" for the police at various points en route. Illicit meat traders are known to even pay generous gratifications to senior police officers to stop the prosecution of vehicles transporting animals illegally.

We also cannot comprehend how the violation of the Prevention of Cruelty to Animals Ordinance comes under minor offences in the framing of charges against offenders. Can the worst acts of cruelty and barbarism perpetrated on living creatures such as suffocation, beating and breaking of limbs, ripping open pregnant animals, be considered minor offences not amounting to criminal acts? What kind of a civilized society are we if our judicial system does not consider violence and atrocities committed on innocent living creatures to be serious crimes?

Laws with regard to the control of the dog population are also amongst the most antiquated pieces of legislation. Today, it has become increasingly evident that the indiscriminate destruction of dogs has not led to the control of the dog population or the elimination of rabies. These draconian and irrelevant laws must be replaced with those that provide for the humane and scientific methods of dog population control.

The fact must be faced that the whole issue of protection of animals in this predominantly Buddhist country is nobody's business. The police, bureaucrats and politicians all fail to give any priority to the protection of animals and for the most part support those engaged in the ruthless commercial exploitation of animals.

The remedy lies in the establishment of an independent Board or Authority that will deal with all issues concerning animals, setting out guidelines to government departments, private owners and society in general regarding the ethical, scientific and humane treatment and management of animals. Only such an independent authority can be expected to ensure that an updated PCA is implemented in cases of cruelty and injustice to animals.

At present, issues concerning animals are inquired into by the authorities of the different departments involved in the management of animals such as the Department of Wildlife Conservation (DWC), The National Zoological Gardens and the Department of Livestock Development with the line Minister for each department having the final say. These departments are seen to be following an undeclared policy of vindicating themselves and their officials from blame on issues concerning animals. Instances of this abound from the different departments. For instance it seems to be the order of the day in the DWC.

With regard to the death of elephants and other wild animals allegedly due to neglect and fault of wildlife officials, departmental inquiries, if they are held at all, always absolve officials and the bureaucracy of all blame. Not only so, they heap the blame instead on the animals!

Our politicians and national leaders should look to India for lessons in how animals in one's country should be looked at and treated. Living up to its great Hindu/Buddhist traditions India has seen to it that animals are embraced in the Constitution by the declaration that states it is the duty of every citizen of India to show compassion to animals.

This declaration in the Constitution has become the font of justice for animals in India, as a result of the judiciary taking note of it in upholding the rights of animals.

We wish to remind our politicians of Mahathma Gandhi who led India to freedom with his Ahimsa (non-violence) movement. Undoubtedly the world's most respected leader in our times, he did not forget or overlook animals and extended his principle of ahimsa to them too and asked that they be treated with compassion. The Mahatma reminded people that a civilized society could be judged by the manner in which it treats animals.

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