Senaka WeeraratnaƒÆ’-¡ƒ”š‚  Attorney ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…”at -Law, Dharmavijaya Foundation

Mahatma Gandhi said: ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- The greatness of a nation and its moral progress can be judged by the way its animals are treated ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

In Sri Lanka an Animal friendly cultural heritage developed beginning from the time of the very first encounter between Arahant Mahinda and King Devanampiyatissa at Mihintale about 2300 years ago, where Arahant Mahinda declared:

ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- Oh! Great King, the birds of the air and the beasts have an equal right to live and move about in any part of this land as thou. The land belongs to the peoples and all other beings and thou art only the guardian of it ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-

Historical sources reveal that the ethic of Ahimsa (non ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” violence towards other sentient beings) a cardinal tenet in Buddhism and Hinduism, was a cornerstone in societyƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s attitudes towards animals.

The Trusteeship power of the State was extended to protect animals, birds, and other living creatures of the land. Sri Lanka was perhaps the first country in the world to have wildlife sanctuaries. Our culture then did not support imprisoning animals in what are now called ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”ZoosƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢. This is essentially a western practice imposed on us which we cannot now let go.

In the pre-colonial era an animal had a lot more respect from both the state and society. The Buddhist view best illustrated in the Karaniya Metta Sutta that compassion should be extended to all including other living beings in a manner similar to the wayƒÆ’-¡ƒ”š‚  ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”a mother loves her only childƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ had a ripple effect throughout the length and breadth of this country including the halls of governance and temples of justice.

A close examination of Sri Lanka’s historical rock inscriptions and perusal of the ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”MahavamsaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ would show that animals had occupied a high place in the country’s moral agenda. The people, influenced by the principle of ‘Ahimsa’ generally kept away from occupations that required the killing of animals to earn a living- e.g. hunting, fishing and the slaughter of animals for food.ƒÆ’-¡ƒ”š‚ 

With the entry and occupation of the land by the Portuguese there was a paradigm shift in the manner we looked at animals. During the colonial era the relationship of man to the other animals was seen as one of unremitting exploitation. Animals were there for us. It was all pre-ordained. Even the taboo of beef eating was removed under European influence. The colonial type of education which we have inherited which survives to this day in Sri Lanka tends to instill in the students a sense of superiority over animals with no corresponding moral obligation towards them.ƒÆ’-¡ƒ”š‚ 

Nevertheless, the colonial administration left us with a series of legislation relating to animals which await a substantial overhaul. One such statute is the Prevention of Cruelty to Animals Ordinance, No. 13 of 1907.ƒÆ’-¡ƒ”š‚  Our failure to repeal this antiquated statute has tended to create a public impression of the State lacking the political will to bring about legislative improvement of the laws governing the welfare and well being of animals.

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Despite substantial moral support from the two main religions in Sri Lanka i.e. Buddhism and Hinduism for humane treatment of animals based on Ahimsa, we as a nation have lagged behind much of the rest of the world on issues concerning animal welfare. Sri Lanka needs a new Animal Welfare Act. It will give flesh to the Buddhist civilization ethic that the Buddha Sasana protects all living beings.

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Internationally, the Animal Rights movement is destined to usher in the next great social revolution in the world. It is no longer a fringe movement. There is a gradual progression throughout history towards recognizing the rights of others. It started with the emancipation of slaves, women, children in that order. It is an unstoppable march.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ 

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International Trends

Legal

In 1992, Switzerland amended its constitution to recognize animals as beings and not things. In 1999 however the Swiss constitution was completely rewritten. A decade later, Germany guaranteed rights to animals in a 2002 amendment to its constitution, becoming the first European Union member to do so. The German Civil Code was likewise amended. ƒÆ’-¡ƒ”š‚ 

The most significant success of the animal liberation movement has been the granting of basic rights to five great ape species in New Zealand in 1999. Their use is now forbidden in research, testing or teaching.

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Though much progress has been made with some inspiring new European legislation in recent decades, the road ahead is still a very long one. ƒÆ’-¡ƒ”š‚ Further international recognition of the moral status of animals is long overdue.

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Note: Some significant developments in pre- war Germany

On February 23, 1934, a decree had been enacted by the Prussian Ministry of Commerce and Employment which introduced education on animal protection laws at primary, secondary and college levels.ƒÆ’-¡ƒ”š‚  In 1938, animal protection had been accepted as a subject to be taught in public schools and universities in Germany (Source: Wikipedia).

Legal studies

Animal Protection is now quite a common subject of study in philosophy departments in Europe and North America. Animal law courses are taught in 92 out of 180 law schools in the U.S. Chapters of animal rights law have been created in several state bar associations, and resolutions related to animal rights are regularly proposed within the American Bar Association.

Animal Advocacy Political Parties

In recent years, several political parties have been founded that have as their main goal the improvement of animal welfare and the recognition of animal rights:

• The Human Environment Animal Welfare Party (in German: Partei Mensch Umwelt Tierschutz, in short: Tierschutzpartei) was founded in Germany, in 1993.
• The Party for the Animals (in Dutch: Partij voor de Dieren) was founded in the Netherlands, in 2002. It is represented in parliament with two seats by Marianne Thieme and Esther Ouwehand.
• The Animal Alliance Environment Voters Party of Canada was formed by the Animal Alliance of Canada and its Environment Voters subsidiary in 2005.
• The Party Against Bullfighting, Cruelty and Mistreatment to Animals (in Spanish: PACMA, Partido Antitaurino Contra el Maltrato Animal).
• The Animals Count party was launched in the UK in 2006.
• The Animal Protection Party was founded in England in 2008.
• The Partito Animalista Italiano was founded in Italy in 2008.
• The Animal Justice Party was founded in Australia in 2010.
• The Animal Rights Party USA was founded in the United States in 2011. It is modeled after the Dutch Party for the Animals (PvdD). Like the PvdD, it is a political animal welfare organization that focuses on improving animal welfare and animal rights, and solving related environmental problems.

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Source: Wikipedia

The Party for the Animals (Netherlands) (“PvdD”)

In the Netherlands, the Party for the Animals is the fastest growing political party. The Party believes that animal interests should no longer continually be subordinated to economic interests. In its manifesto for achieving a better society, Compassion plays a dominant role. They have influenced several other political parties to include animal welfare as an increasingly important issue for the electorate. They intend to make animal rights a part of the Dutch Constitution, to have a debate on factory farming, call for a ban on mink farming, and the Dutch Queen has promised not to serve foie gras anymore, and so on.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¨

The “PvdD” is the first political party in the world to gain parliamentary seats with an agenda focused primarily on animal rights. One of the results that the PvdD claims to have achieved during her first four year parliamentary period is the fact that the Dutch Government has declared that reduction of national meat consumption further on as one of its priorities.

Indian Government spearheads drive for enacting a new Animal Welfare Act, 2011

The good news from India is that the Indian Government is spearheading the
drive for enacting a new Animal Welfare Act, 2011. The new Animal Welfare Act ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” 2011, being proposed by IndiaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Ministry of the Environment and Forests, Mr. Jairam Ramesh, is poised to replace the Prevention of Cruelty to Animals Act – 1960.

In 1960, India was among the first countries in the world to enact national legislation for the protection of animals.ƒÆ’-¡ƒ”š‚ The Prevention of Cruelty to Animals Act – 1960, however, had drawbacks e.g. lacked strong and effective penalties.ƒÆ’-¡ƒ”š‚ These shortcomings are remedied in the new act being put forward, which will much more easily lend itself to enforcement and will more readily ensure the protection of animals from suffering and ill-treatment.

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Sri Lanka

1)ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Current Legislation

• The governing legislation is the Prevention of Cruelty to Animals Ordinance, No.13 of 1907. It is an antiquated statute. The form and scope of this legislation is substantially inadequate.
• Its limitations are apparent when it is compared to animal welfareƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ legislation of neighbouring countries such as India or western countries such as England or AustraliaƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ 

2) Recent Legislative Developments in Sri Lanka

There have been four significant legislative developments sinceƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  February 2008 directed towards animal protection:

i) Animal Welfare Bill ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” Introduced in Parliament by Ven. Athureliya Rathana Thera, M.P. on Feb. 19, 2009. It has now lapsed with the dissolution of the previous Parliament.

ii) Amendments to the Animals Act, No. 29 of 1958

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ Amended by the Animals (Amendment) Act, No. 10, 2009. Introduced by the Ministry of Livestock Development

iii) Amendments to the Butchers Ordinance, No. 9 of 1893ƒÆ’-¡ƒ”š‚ 

ƒÆ’-¡ƒ”š‚ Amended by the Butchers (Amendment) Act, No. 13 of 2008 imposing a total ban on the slaughter of pregnant or lactating cows notwithstanding the possession of a permit to slaughter. Punishment: Rs. 50,000 and imprisonment for a period not exceeding three years.

iv) Regulations made under the Animals Act, No. 29 of 1958

Introduced by the Ministry of Livestock Development. Published in the Govt. Gazette Extraordinary No. 1629 / 17, dated November 26, 2009

3) The Animal Welfare Bill

It is a comprehensive document. It was prepared by the Law Commission of Sri Lanka after extensive consultations with the public and examination of laws of other jurisdictions. The Bill introduced in Parliament in Feb. 2009 carried a couple of changes to the Law Commission draft.

This Bill has now lapsed with the dissolution of the previous Parliament.

4) Objectives of the Animal Welfare Bill

i) recognises a duty of care on part of persons in charge of animals to treat the animals humanely

ii) to prevent cruelty to animals and to secure the protection and welfare of animals

iii) to establish a National Animal Welfare Authority and to provide for Regulations and Codes of Practice

iv) to raise community awareness on animal welfare and foster kindness, compassion, and responsible behaviour towards animals

5) The proposed legislation seeks to:

i) Replace the Prevention of Cruelty to Animals Ordinance, No. 13 of 1907

ii) Bring the law governing animal welfare in Sri Lanka in line with modern legislation by providing for natural justice and basic freedoms to be extended to animals, and

iii) Safeguard and enhance Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s historical reputation for animal welfare

6) Key Features of the Animal Welfare Bill

i)ƒÆ’-¡ƒ”š‚  The Bill is divided into 14 Parts. Part 10ƒÆ’-¡ƒ”š‚  ( Clause 42 ) deals with ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…” Use of Live Animals for Scientific PurposesƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢

ii) Applies to all animals

iii) ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”AnimalƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ means any living being other than a human being and includes a domestic animal, a farm animal, an animal in captivity, a wild animal, a companion animal, a stray animal, and food animal as hereinafter defined

ƒÆ’-¡ƒ”š‚ iv)ƒÆ’-¡ƒ”š‚  Adopts a proactive approach to Animal Welfare

ƒÆ’-¡ƒ”š‚  v) Recognition of a Duty of Care ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” A person who is in charge of an animal owes ƒÆ’-¡ƒ”š‚ the animal a duty of care i.e. 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 obligations and prohibitions in respect of animals emanate from this basic duty

ƒÆ’-¡ƒ”š‚  vi) One of the main purposes of the Animal Welfare Bill is the establishment of a new institution i.e. the National Animal Welfare Authority, that will administer the legislation, develop policies, and strengthen and expand the existing enforcement machinery.

ƒÆ’-¡ƒ”š‚  vii) The 16 member Authority comprises ten appointed members and six ex ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” officio members. The latter will be drawn from Govt. Depts. engaged in functions relating to animal welfare.

ƒÆ’-¡ƒ”š‚ viii) The 10 appointed members will comprise six members nominated by animal welfare societies, two members with qualifications in Veterinary Science nominated by the Veterinary Council of Sri Lanka, one Ayurvedic physician with experience in treating animals nominated by the Ayurvedic Medical Council, and one person who is a Professor or Senior Lecturer in clinical Veterinary Science of a recognized University nominated by the University Grants Commission

7) Offences of Cruelty and Prohibited Conduct

i) Several acts which amount to cruelty are treated as offences in the Bill. These are acts which are unacceptable by any standard and which cause suffering to animals.

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  ii) ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ Certain other acts are prohibited as are certain sporting events that expose animals to cruelty and inhumane treatment.

ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  iii) Although killing an animal is not prohibited e.g. food animal, killing an animal in an unnecessary cruel manner is prohibited. There is a total prohibition on the killing of a pregnant animal except in circumstances of such an animal becoming a grave danger to the public. Note: The new amendment to the Butchers Ordinance prohibits totally the killing of a pregnant or lactating cow, irrespective of whether there is a permit or not.

8) Slaughter of Animals

i) The slaughter of Cows and Cow calves is prohibited, subject to certain qualifications as found in the Animals Act, No. 29 of 1958

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ƒÆ’-¡ƒ”š‚ ii) The slaughter of a quadruped in a private dwelling house in a residential area, in a place of business or a public place is prohibited.

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Note: In the Indian draft Animal Welfare Act, draft Section 20 is more specific and reads as follows:ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ 

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Slaughter in authorized slaughter houses: No animal shall be slaughtered except

in a slaughter house authorized in this behalf( Section 20)

iii) The slaughter of a quadruped for sale or for distribution of flesh, requires a certificate of competence from the Authority.

9) Transport of Animals

Detailed provisions have been introduced. 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.ƒÆ’-¡ƒ”š‚  These standards have now been incorporated into the new Regulations issued under the Animals Act, and gazetted on Nov. 26, 2009

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10) Appointment of Animal Welfare Inspectors.ƒÆ’-¡ƒ”š‚ 

They will be appointed by the Authority. They will have powers to investigate offences of cruelty, seize animals, direct persons to undertake measures to alleviate suffering, recommend the forfeiture of animals and conduct prosecutions on behalf of the Authority. Animal Welfare Inspectors will have powers of investigation alongside Police and powers to issue Animal Welfare Directions.

11) PenaltiesƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ 

Increase in monetary penalties and terms of imprisonment for offences against animals e.g.ƒÆ’-¡ƒ”š‚  Causing cruelty to an animal. Fine not exceeding Rs. 50, 000 or imprisonment not exceeding two years or both fine and imprisonment. ( Clause 24 (1) )

12) Use of Live Animals for Scientific Purposes

i) Clause 42 (1) in Part 10 of the Bill requires any person using live animals for teaching, research or experimentation to obtain a permit for such purpose from the Authority

ii) Clause 42 (2) stipulates that the Authority shall have regard to alternative methods and devices that do not involve experimentation on live animals such as computer stimulations and other audio ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” visual methods, synthetically produced models, ethically sourced cadavars and clinical experiences, when issuing such permits

iii) Clause 42 (3) states that the Authority may refuse to issue a permit upon being satisfied that such research can be carried out or such teaching or experiment can be performed using such alternatives

13) Conclusion

The Animal Welfare Bill awaits enactment in Parliament. Upon enactment it will set the standard for other countries particularly in Asia to follow suit. Its enactment is long overdue given the obsolescence of the existing legislation. Further, it will remove the shame and embarrassment that confront Sri Lanka today by keeping an obsolete statute enacted in 1907 as the main governing legislation on prevention of cruelty to animals. It is also a test of our national commitment and compassion to other sentient beings.