Animal Welfare Law - defining moment in humanitarian movement

The Animal Welfare Bill has at last been brought to Parliament, nearly three years since the Draft Bill was presented by the Law Commission to President Mahinda Rajapaksa. Since Independence, the single piece of legislation that exists today for the protection and welfare of animals is the “Prevention of Cruelty to Animals Ordinance” of 1907.

This antiquated law has penalties and fines coming from British times, making a mockery of the law today. In this Ordinance, the fine for the worst acts of cruelty to an animal remains Rs. 250!

Co-existence

It is ironical that Sri Lanka should lag behind in effective legislation for the protection of animals because history shows that we were the earliest to recognize the right of other species to co-exist with man on Earth. In the past we had strict laws for the protection of animals which were imposed by the rulers.

If the Animal Welfare Bill is passed in Parliament, it will be a defining moment for the humanitarian movement for animal protection in Sri Lanka. It will not only draw from our past traditions but also place us among modern progressive societies, which, while upholding human rights, also have effective laws to protect animals, bringing the treatment of animals within the Rule of Law.

Exploitation of animals

The failure of successive Governments since Independence to introduce effective animal protection laws has led to the ruthless, unlawful exploitation of animals, as in the case of wild fauna and our indigenous neat cattle and buffalo resources.

The inadequacies of the Prevention of Cruelty to Animals law and the other laws for the control of animals has led to the emergence of a large-scale illicit cattle trade, operated by a formidable mafia of traders, and wrought with cruelty both in transportation and slaughter of cattle.

This mafia has plagued our society by bribing the police, administrative authorities and veterinary personnel in every part of the country.

Today, society pays a heavy price of the corruption of our society, for meat production; corruption so entrenched in our society, making it nearly impossible to uproot. The abominable cruelty to animals carried out with impunity is wearing out our culture of compassion to animals.

As much as the cattle for the meat trade are largely illicitly obtained, veterinary officers are known to issue permits without proper inspection of the animals as the law requires, making hygienic standards of the meat trade largely questionable. Rather than allowing an illicit, unhygienic and cruel meat trade that is unmanageable, to continue, it would serve the country better to stop cattle slaughter and import the peoples’ requirements in meat consumption.

The existing antiquated law fails to take into account changes in society, bringing up new areas of animal abuse and corruption that require stern laws to control.

One such area is the growing commercial enterprise of importing luxury dogs. Dog breeders who import these dogs are not subjected to any controls such as registering with a proper authority and obtaining breeders’ licences.

Inhumane treatment

These animals are for the most part treated inhumanely, kept confined in cages. Inbreeding is carried out, and a large number of puppies produced are deformed and disabled.

Dog breeders display imported puppies and dogs for sale on roadways, open market places, unprotected from the sun and in pet shops where they and other animals are kept in appalling conditions. Under the new Bill persons breeding or trading in animals without obtaining a licence or keeps any animal for sale or display for sale in a cruel manner, if convicted will be liable to a heavy fine or imprisonment or both.

Scientific research

Another new area of animal abuse is the use of live animals for scientific research. It is indeed heartening that professors and senior lecturers of the Department of Human Genetics, Colombo Medical Faculty, have taken the humanitarian movement in our country several steps forward by forming an Ethical Committee for the use of live animals in scientific research.

This Committee has already prepared a strict code of guidelines for any persons doing research using animals.

Authorities must hasten to give legality to these guidelines. The new Bill has heavy penalties and sentences for the illegal use of animals in scientific research.

The old Ordinance does not embrace wild fauna of this country and exotic captive animals, such as the animals of the National Zoological Gardens. However, they are both included in the new Animal Welfare Bill which in fact spreads its protective wings over all living beings other than humans.

By extending protection to all species besides humans, the proposed law acknowledges the wisdom of the view that other species are not trespasses on this Earth; they were here millions of years before man and are vital links in the ecology of a country, each species being important for the preservation of life on this planet.

The revolutionary aspect of the Bill that brings us in line with the most progressive countries in the humanitarian treatment of animals is the setting up of a National Animal Welfare Authority.

This body will comprise members with wide experience in animal welfare issues and ex-officio officers, equipped and empowered to deal with all issues concerning the protection and welfare of animals. This Authority will appoint officials and Animal Welfare Inspectors for the efficient discharge of its functions.

At present, police are the implementers of the existing animal protection law and regrettably they do not give any priority to the protection of animals, showing reluctance to act on complaints of cruelty to animals made by the public.

The new Authority will have powers to monitor the progress of investigations and criminal proceedings relating to offences against animals.

When adopted, the Animal Welfare Law will have far reaching impact on the whole of society, not only regarding the protection of animals but also the reduction in crime related to the use of animals.

The new law will redeem animals from the cruelties inflicted on them, and empower citizens to be proactive in bringing the perpetrators of such crimes to justice.