SRI LANKA MULLS ANIMAL WELFARE BILL

June 8, 2006

http://www.asiantribune.com/index.php?q=node/472

President briefed on need for Animal Welfare Authority

Thu, 2006-06-08 02:03

By Janaka Perera – Asian Tribune

*Colombo, 08 June, (Asiantribune.com):*The Law Commission has handed over to

President Mahinda Rajapaksa a draft Bill on establishing an Animal Welfare

Authority in Sri Lanka. The Bill – result of a six-year effort - proposes

revolutionary legislation to replace the 98-year-old archaic law Prevention

of Cruelty to Animals (Ordinance, No. 13, 1907) introduced during the

British colonial period to prevent cruelty to animals. Architect of the

bill, Attorney at Law Senaka Weeraratne said that if the new proposed

legislation becomes law it would serve a model for the rest of Asia.

The Authority will have Animal Welfare Inspectors working under it to

enforce the law, under which anyone can lodge a complaint even against a

neighbour if he or she cruelly treats an animal, according to Weeraratne,

who is also the Secretary of the German Dharmadutha Society.

In drafting the Bill the Law Commission took into consideration the fact

that the the present legal regime was inadequate in many aspects. The

governing legislation i.e. .is antiquated, limited in scope, provides for

totally inadequate penalties and does not contain internationally recognized

minimum standards of humane treatment of animals.

This initiative of the Commission was also inspired by an acceptance that

legislative interventions have always been necessary to curb increasing

abuses, in particular in respect of those sectors that are most vulnerable

to cruelty and inhumane treatment. Animals as sentient beings are deserving

of both State protection and reasonable level of State Responsibility. The

traditional jurisprudential position of treating an animal as a mere chattel

is no longer tenable. The Animal Welfare Bill reflects this change of

attitude.

The Law Commission engaged in extensive consultations with the public in the

course of preparation of the Bill. Through Press Releases in the print and

electronic media public representations for reform were solicited. The

response was significant. The Commission conducted hearings at which those

who submitted written memoranda were given the opportunity to explain their

proposals.

A draft Act prepared by the Law Commission was released for public

discussion in October 2004. It was discussed at a full day public work shop

held on March 5, 2005.

The Commission also examined legislation of other jurisdictions including

USA, UK, Germany, Switzerland, European Union, India, Taiwan, Japan, New

Zealand and of the States of Northern Territory, Western Australia, Victoria

and Queensland in Australia.

*Main provisions of the Bill*

*Objectives*

The Bill provides for the protection of animals from cruelty and animal

welfare generally as well as for the fostering of kindness, compassion and

responsible behaviour towards animals. The term animal has been defined to

include all animals, including a domestic animal, a farm animal, an animal

in captivity, a companion animal, a stray animal and a food animal.

It also provides for implementation of the principles and provisions through

the establishment of an Animal Welfare Authority vested with powers to deal

with abuse as well as promote the welfare of animals.

*The recognition of a duty of care*

An important feature of the Bill is that it recognizes that a person who is

in charge of an animal owes the animal a duty of care.

More specifically, such a person has a duty to take reasonable steps to

ensure the well being of the animal, to prevent infliction of unnecessary

fear or pain and to provide the animal with basic needs.

All other specific obligations and prohibitions in respect of animals

emanate from this basic duty and they are legally enforceable.

*The National Animal Welfare Authority *

The Bill proposes the establishment of an Authority vested with functions

relating to the giving of advice, making recommendations and related matters

in respect of animal welfare issues. The Authority will be in charge of

implementing the provisions of the Bill.

The sixteen member Authority will comprise ten appointed members and six

ex-officio members. Six of the appointed members will be drawn mainly from

animal welfare societies. The six ex-officio members will be drawn from

government departments vested with functions relating to animals.

*Cruelty and prohibited conduct*

The Bill identifies several types of conduct which are per se acts of

cruelty as offences. This is conduct which cause suffering to animals and is

unacceptable by universally recognized standards. Certain other acts are

prohibited as are certain sporting events that expose animals to cruelty and

inhumane treatment.

Although killing of food animals is not prohibited, killing an animal in an

unnecessarily cruel manner is prohibited. There is a total ban on the

killing of a pregnant animal other than in certain circumstances such as

when the animal constitutes an immediate and grave danger to the public.

*Slaughter of animals*

The slaughter of buffaloes is totally prohibited.

The slaughter of cows is prohibited unless the animal is over twelve years

of age, or is incapable of breeding or unfit for agricultural work.

The slaughter of a quadruped in a private dwelling house in a residential

area or a place of business or a public place, is prohibited. The slaughter

of a quadruped for the purpose of sale or distribution of its flesh requires

a certificate of competence from the Authority.

*Transport of animals*

In view of the particular instances of abuse in transporting animals,

detailed provisions have been introduced to secure compliance with norms

that must be observed. The basic premise is that an animal should not be

transported in such a manner as to subject it to unnecessary pain. Specific

standards that must be observed in transporting animals are set out.

*Use of live animals for scientific purposes*

The Bill requires that a permit be obtained prior to using live animals for

teaching or research or experimentation. This is considered necessary to

regulate the use of animals and prevent abuse in the name of science.

The use of alternatives to live animals is encouraged by providing that in

issuing a permit consideration shall be had to the availability of

alternatives that do not involve experimentation on live animals such as

computer simulations, audio visual methods, the use of synthetically

produced models and ethically sourced cadavers. A permit may be refused if

the research, teaching or experimentation can be conducted using such

alternatives.

Permits are to be issued by the Animal Welfare Authority.

*Investigations and prosecutions *

The Code of Criminal Procedure Act, No. 15 of 1979 applies to investigations

under the Bill. Police officers are vested with the normal powers of

investigation.

The Bill also provides for the appointment of Animal Welfare Inspectors

charged with the duties and functions relating to investigations. The

Inspectors are empowered, in certain circumstances, to step in to alleviate

the situation of suffering animals by issuing Animal Welfare Directions to

persons in charge to take remedial steps to rectify the situation. Such a

direction is not necessarily an alternative to prosecution in the event that

an offence has been committed.

An animal who is the victim of an offence or a possible offence may be

placed in protective custody on an Order of court.

Prosecutions for offences under the Bill may be instituted by the Authority,

by a Peace Officer or on a private plaint.

The Magistrates Court is vested with powers to try offences summarily and

impose punishments stipulated in the Bill notwithstanding limitations in the

Code of Criminal Procedure Act.

*Right of intervention by the next friend of an animal*

The Bill provides for the right of intervention in any Court proceedings to

any adult person or an Animal Welfare Inspector or a recognized Animal

Welfare Society as the next friend of the animal, where an animal becomes a

subject of Court proceedings.

In providing for the right of intervention on behalf of animals, the Bill

allows for the most ennobling form of advocacy in Court: to plead the cause

of those beings who cannot articulate their suffering.

- Asian Tribune -

June 9, 2006

Beautiful. Almost as comprehensive as the existing Prevention of Cruelty to

Animals Act in India.

However, the law is only as effective as its enforcement. In India, if the

PCA Act and the

Wildleife Protection Act alone are properly enforced, India will be so

different for the animals.

Let us pray that Senaka Weeraratne succeeds in his great effort.

S. Chinny Krishna

[journalistandanimals]

Thursday, June 08, 2006 9:18 PM

aapn

Cc: rob