Animal Welfare Bill faces strong criticism

By Sumaiya Rizvi



The proposed Animal Welfare Bill which is in the stages of debate and discussion has faced strong criticism and support from many organizations.
Animal welfare groups, rights groups and religious groups have agreed and disagreed on various articles of the proposed Animal Welfare Bill. At the same time the Ministry of Livestock Development seems keen to introduce amendments to the existing Animals Act.Section 38 of the Animal Welfare Bill of 2006 which includes the ‘place of slaughter’ proposed by The Law Commission of Sri Lanka has raised concern amongst certain communities.

The article that prohibits slaughter of cows as mentioned in the proposed bill is endorsed by the Sri Lanka Muslim League, according to Islamic guidelines as mentioned in the Holy Quran, “Muslims cannot ‘Kurban’ (sacrifice) cows” A.L.M. Hashim an Attorney-at-Law and of the All Ceylon Muslim League said. ‘However certain articles of the same bill face stiff opposition’, he said.
“Once the bill is passed in parliament, nothing could be done and that’s why we are pushing for deletion and adjustments now” on Article Number 38 of the bill, M.B.M. Zubair, Secretary of the Federation of Kandy Muslim Organizations (FKMO) said.
According to the proposed Animal Welfare Bill by the Law Commission of Sri Lanka, the Article Number 38 (1) specifically states the places where animals cannot be slaughtered as, “In a private dwelling, in a residential area or a public place”.
Agreeing to the rest of the sentence he considers the only hitch with the words ‘public place’ is that it includes the mosque and “in rural areas the mosques own land where they carry out ‘Kurban’ (sacrifice)” Zubair explained.
A section of the Animal Welfare Bill proposed by the Law Commission of Sri Lanka 2006:
Restrictions on the slaughter of cows and buffaloes.
37. (1) No person shall slaughter, or cause or permit to be slaughtered -
(a) any buffalo; or
(b) any cow, unless that cow is certified by a Government Veterinary Surgeon or a Veterinary Surgeon employed by any local authority, to be –
(i) not less than twelve years of age, or
(ii) incapable of breeding, or
(iii) Unfit to be used for any agricultural purpose.
Conditions regarding slaughter of quadrupeds
38. (1) notwithstanding anything to the country in any other law with regard to the grant of licenses for the slaughter of any quadruped, no person shall slaughter or cause to be slaughtered a quadruped in a private dwelling house in a residential area or a place of business or a public place.
(2) No person shall slaughter any quadruped where the meat or any part of the carcass of the quadruped is meant to be sold or distributed for any purpose whatever unless such person holds a certificate of competence in the slaughter of animals issued or recognized by the Authority.
“Public place” for the purpose of this section includes any way, road, square, court, alley, passage or open space whether a thoroughfare or not and any building to which the general public has access.
Mostly at the time of the Hajj festival Muslims world over sacrifice animals a practice in Islam. Presently the people who choose to sacrifice, do it at their homes and mosques given that there is adequate space and the permission from the relevant local authority to carry out the activity. The slaughter houses are unable to cope with accommodating people from the outside. The Katukelle Jumma Mosque is a mosque that allows residential Muslims to sacrifice cattle in the compound of the mosque the caretaker of the mosque said.
A sub division of article number 38 (2) states that “no person can slaughter… unless such person holds a certificate of competence in the slaughter of animal issued or recognized by the authority”.
The draft bill fails to recognize the relevant authority that would be held responsible for issuing such a certificate Zubair said. “There are no training schools for butchers in this country and no place where any person could obtain a certificate of competence,” he added.
“No court however much justifiable it may appear would not pass an order that cannot be enforced, similarly no government should enact any legislation which cannot be implemented,” Zubair a former Assistant Registrar of the Kandy High Court emphasized.
The Animals Act that is in place since 1958 and accepted by the Ministry of Livestock Development. “We would be introducing modifications to the Animal Act,” Dr. S.L.A. Daniel, Additional Secretary to the Ministry of Livestock Development said.
He explained that the proposed Animal Welfare Bill does not match with the objectives of the ministry. The ministry’s purpose is to stabilize the slaughter rate and birth rate of quadruped animals slaughtered for consumption purposes, Dr. Daniel stressed.
According to him, the proposed Animal Welfare Bill would have to be adjusted and changed prior to any consideration of the Ministry of Livestock Development.
The Ministry does not support the idea that animals should not be slaughtered for consumption citing cruelty and welfare of animals, Dr. Daniel explained.
There are two intended modifications to the Animals Act. The Minister in charge should have the power to hold or relax restrictions on quadruped consumption, considering the rate of slaughter, he said.