A Better Approach to Animal Welfare Law; a Critical Analysis of the Law on Prevention of Cruelty to Animals in Sri Lanka

Abstract

While human rights play an important role in a country"s legal system, the rights pertaining to the welfare of animals should be awarded a special status in the environmental law regime of a country. Animals deserve an inherent right, recognized by the animal welfare legislation of a country, which would safeguard them against cruel and inhumane treatment. The Prevention of Cruelty to Animals Ordinance No. 13 of 1907 in Sri Lanka intends to serve this purpose by establishing the law to prevent cruelty to animals. However, in recent years several incidents which resulted in the victimization of elephants and stray dogs as a result of cruel and inhumane treatment were highlighted through the media. These scenarios pose a question as to the adequacy of the current animal welfare legislation in Sri Lanka to address the issue of cruel and inhuman treatment of animals in the country. Resorting to the qualitative methodology this research intends to review and critically analyse provisions contained in the aforementioned Ordinance in order to identify four main deficiencies among the provisions namely; the lack of, a sound definition for an "animal”, stringent and updated penalties, the recognition of the concept of "duty of care" and a proper authority to monitor animal welfare matters and to make recommendations to improve the existing legal regime of animal welfare to rectify the aforementioned deficiencies, as well as to highlight the importance of expediting the implementation of the Animal Welfare Bill as a better approach to animal welfare law in Sri Lanka.