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Finally, animal rights activists have something to be happy about
Animal rights activists are relieved that the long-delayed Animal Welfare Bill was passed by Cabinet this week, but say the fight isn’t over until it goes through Parliament, is gazetted and implemented.
The Bill has noteworthy features, the most significant being a legal definition for “animal”. While the old law defines this to be only a domestic or captured animal, the new draft has widened the scope to mean any living being other than a human. The punishment for cruelty currently is a fine not less than Rs 100 or a jail term that cannot exceed three months. The new law provides for fines up to Rs 150,000 and jail terms of up to four years.
Mattu Pongal, a festival which is part of the Pongal festival to thank the cattle for their contribution in agricultural activities was marked yesterday. This scene was captured at a Hindu temple in Colombo. Pic by M.A. Pushpa Kumara
Several new offences have also been introduced–the abandonment of animals, willful deprivation of food and water to an animal; castration or sterilization unless by a veterinary surgeon; confinement of a bird by ring, chain, string, cord or wire attached to its legs; hunting as a sport and any other recreational sport involving injury or destruction of the life of any animal.
The Bill also sets out stringent conditions for pet shops that are largely unregulated. At present, only police can file action for cruelty based on a complaint. The new law recognises the ability of an individual or a group to do so directly. It mandates that the slaughter of livestock must be carried out in a “humane manner” causing the least amount of distress, pain, trauma and anguish to the animal.
The draft was presented to the Cabinet by Agriculture Minister Mahindananda Aluthgamage on January 10. The minister in a statement said the Bill aims to protect animals from cruelty and torture. A separate unit will function under a veterinary officer to implement it. The Bill must now be gazetted and presented in Parliament.
While activists expressed relief on social media, they voiced a note of caution too.
“Animals know and feel when they are going to be killed,” said Sharmini Ratnayake, animal activist and Animal Welfare Steering Committee (AWSC) member. A violation attracts a fine of up to Rs 70,000 and or a jail term that can extend up to two years.
Although relieved that the blood, sweat and tears of the welfare community were finally bearing some fruit, there’s a long road ahead, said Shanuki De Alwis, a long-time animal rights activist and ambassador for the UN’s Sustainable Development Goal 15. “Education, sensitization and implementation were vital. Until then, nobody should applaud the government for doing the job that should have been done years ago,” she warned.
Sri Lanka regularly makes the headlines over animal cruelty. Just last week, a video of newborn elephant twins being dragged into the river for a bath at the Pinnawela elephant orphanage went viral, causing even international pop stars such as Cher to condemn the incident.
In this backdrop the Department of National Zoological Gardens was criticised by animal activists after its Director Shermila Rajapakshe decided to restart the elephant circus.
The prevailing Prevention of Cruelty to Animals Ordinance of 1907 is outdated and draconian, welfare activists have long said. It regarded animals as “lifeless objects”, pointed out Lalani Perera, Attorney-at-Law and member of the AWSC. It was also inconsistent with evolving global standards where animals are recognised as sentient beings and not as mere chattel.
The Animal Welfare Bill was recommended by the Law Commission in 2006 to replace it. Ms Perera too contributed towards it as an AWSC member and as the Justice Ministry’s Additional Secretary (Legal). The draft Animal Welfare Bill was drawn up by Senaka Weeraratne, attorney-at-law, for the Law Commission’s consideration. In 2010, 18 religious and animal welfare organisations went before the Court of Appeal against the long delay in passing the law, seeking to expedite the process. Four petitioners were nominated to the AWSC which also included Lalani Perera, Sharmini Ratnayake, Lorraine Bibile and Iranganie De Silva. They held discussions with 41 respondents ranging from zoo and wildlife to local government officials and reported to Court. Amendments were subsequently introduced to the draft Animal Welfare Bill.
Maleesha Gunawardana, Coordinator of Advocates for Animals, called the Cabinet approval “amazing news” as it had taken 15 years to get this far. “This is a big victory, but this is just the beginning,” she said. “We can’t rest until it is enacted.” She also said she hadn’t yet seen the Bill as it wasn’t publicly available.
“Only a few people have seen it and we aren’t aware how much of it has actually changed,” said a wildlife conservationist, requesting anonymity.
He also pointed to “a lack of transparency in the recent process”. The 2006 draft Animal Welfare Bill was detailed and, had it been passed then, it would have overhauled the perspective of animal welfare in Sri Lanka, he said.
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