Animal cruelty- is usually defined as the crime of inflicting pain or suffering on an animal that exceeds the bounds of normal care and discipline. This issue is particularly relevant in our country, with dogs, cats and other livestock being the frequent victims of such cruelty. The problem of animal cruelty has become a pressing concern for Bangladesh, with numerous media reports highlighting instances of animal abuse on a regular basis. Now, even though the legislation of Bangladesh contains laws that prohibit such a nature of crime, questions can be asked as to what impact such anti-cruelty laws have in reality and what can be done to change this particular situation.
To evaluate the impact of anti-cruelty laws, it is essential to examine the current framework in place. The Constitution of the People’s Republic of Bangladesh 1972 makes it a fundamental principle of state policy to preserve and safeguard biodiversity for the present and future citizens.[Art.18A] Other than that, the Cruelty to Animals Act of 1920 was the core Act that governed the protection mechanism of animals against cruelty until it was replaced by the Animal Welfare Act, 2019(AWA 2019). The newly enacted law has addressed several contemporary issues which were absent in the previous act. For instance, The Act provides definitions of “pet”, “domestic animal”, “unowned animal”, “captive animal”, “owner”, and most essentially, “cruelty”.(S.2). It also outlines what constitutes unnecessary cruelty. It exempts some specific circumstances from such classification. (S.6) Such acts of cruelty are criminalized under the Act by penalties of imprisonment not exceeding six months or a fine not exceeding 10,000 taka.(S.16) Moreover, killing and removal of stray animals have been prohibited under the AWA 2019.(S.7) The Act further addresses issues related to disfigurement and poisoning of animals. Additionally, it imposes strict restrictions upon the use of animals for performing arts, while exceptions are made only with explicit permission from the authority. (S.12) Such authority is designated to the Director General of the Department of Livestock or any authorized Veterinary Surgeon, as prescribed by the AWA 2019, to act as the regulatory authority to ensure animal welfare.
However, certain issues with the same act require attention to have a better impact on animal welfare. Firstly, the Act approves excessive discretionary powers to government educational and research institutions, which allows actions that may result in animal cruelty in the name of education or research.[S.6(4)(e)] Secondly, it prohibits any court of Bangladesh from taking cognisance of animal cruelty without a written complaint from the authority.[S.18], Which significantly restricts the opportunity to have access to anti-cruelty laws for animal welfare. Moreover, the consequences of environmental pollution on animals are absent from this Act. Furthermore, whilst the AWA 2019 empowers mobile courts to enforce the regulations for animal welfare, there are major concerns as to the capacity and resources available to such Mobile Courts to carry out their operation nationwide in order to ensure animal welfare.[S.20] In addition, the legal framework in Bangladesh concerning animal welfare lacks a mechanism or policy to promote awareness of animal cruelty and its potential consequences.
The absence of an international legal framework to prevent animal cruelty complicates the maintenance of certain standards on a domestic basis. Whilst international law addresses biodiversity, there is a noticeable lack of uniform treaties that establish and harmonise the standards to prevent animal cruelty. Such failure of collaborative work is visible on a regional basis, particularly in South Asian countries. Whereas Europe is very advanced in ensuring animal welfare, such a framework is equivalent to being absent in South Asia. Even though SAARC has a cooperation agreement with the World Organisation for Animal Health (OIE), its applicability has not been quite visible to this day. Hence, a lack of international standards has had a negative impact on the legal framework of animal welfare in Bangladesh.
However, measures can be taken even in the absence of such international standards. Animal rights protection organisations, such as “Animal Rescuers Bangladesh” and “Obhoyaronno” are actively working to safeguard vulnerable animals from cruelty and neglect in society while raising public awareness about the same. The constant effort of these organisations highlights the requirement to amend the existing anti-cruelty laws. For example, the legislation must enable the courts to hear suits against animal cruelty. Moreover, it should severely restrict institutions of all sectors from committing any acts of animal cruelty in the name of education or research except for unavoidable circumstances. Additionally, the penalty against animal cruelty should be much higher than ten thousand or fifty thousand taka. The objective behind imposing fines is to restrict people from committing acts of animal cruelty, and the penalty of higher fines can help achieve this.
Despite the authorities addressing this situation previously, nothing significant has been done yet. Evaluating the existing laws and policies and amending the rules with the priority of increasing the anti-cruelty mechanism is essential to ensure animal welfare in Bangladesh.
About author:
Nafis Chowdhury is a professional student at the Bangladesh University of Professionals(BUP). He is currently working as an Apprentice Lawyer at District and Sessions Judge Court, Dhaka. Attaining an LL.B degree from BRAC University, he has participated in multiple Moot Court Competitions and legal research conferences. His areas of interest are Constitutional Law, Anti-Corruption Law and Human Rights.