Protecting the voiceless: A look at the Animal Welfare Act 2019
There is a growing need to protect the rights and welfare of animals in Bangladesh. The Animal Welfare Act 2019 is a positive step towards achieving that goal
Animal rights and welfare are essential issues in Bangladesh, a country with a rich and diverse wildlife population. Although animals play a crucial role in a country's cultural and economic fabric, they are also vulnerable to exploitation, abuse, and neglect. In recent years, there has been a growing awareness of the need to protect animals' welfare in Bangladesh and enforce laws that prevent animal cruelty and abuse.
One of the critical pieces of legislation related to animal welfare in Bangladesh is the Animal Welfare Act 2019, which replaced the century-old Cruelty to Animals Act of 1920. This law sets out guidelines for the care and protection of animals, including provisions to prevent animal cruelty and regulate animal transportation and slaughter. The law also establishes a National Animal Welfare Council to oversee the law's implementation and promote animal welfare in the country.
The Animal Welfare Act 2019 is wide-ranging and covers various aspects of animal welfare. The key provisions of the Act include:
Prevention of cruelty to animals: The Act makes it illegal to inflict unnecessary pain, suffering, or harm on any animal. This includes provisions for preventing animal fighting and abuse and animal experimentation regulations.
Regulation of animal transportation: The Act sets out guidelines for the transportation of animals, including requirements for the size and quality of transport vehicles as well as provisions for providing food, water, and rest periods for animals during transportation.
Regulation of animal slaughter: The Act establishes regulations for the humane slaughter of animals, including requirements for stunning animals before slaughter and ensuring that animals are not subjected to unnecessary suffering during slaughter.
Establishment of animal welfare organisations: The Act establishes a National Animal Welfare Council to oversee the law's implementation and promote animal welfare in the country. The law also encourages establishing animal welfare organisations at the local level to promote animal welfare and provide care and protection to animals in need.
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Despite the existence of the Animal Welfare Act 2019, there have been cases of animal abuse and cruelty in Bangladesh, and courts have played an essential role in enforcing the law and ensuring that animal rights are protected.
In the case of Bangladesh Legal Aid and Services Trust v. Government of Bangladesh (2001), the High Court Division of the Supreme Court of Bangladesh directed the government to take measures to prevent cruelty to animals, including ensuring that animals are not transported in overcrowded vehicles and that they are not beaten or mistreated during transportation. The court also directed the government to enforce existing laws related to animal welfare.
In Bangladesh Environmental Lawyers Association v. Government of Bangladesh (2008), the HCD directed the government to take measures to protect wild animals, such as prohibiting hunting, poaching, and capturing wild animals without a permit. The court also directed the government to protect wildlife habitats and regulate the wildlife trade.
In Bangladesh Society for the Prevention of Cruelty to Animals v. Government of Bangladesh (2011), the High Court Division directed the government to take measures to prevent cruelty to animals, including ensuring that animals are not subjected to inhumane treatment or conditions in markets, slaughterhouses, or other places where animals are kept or transported. The court also directed the government to take measures to enforce existing laws related to animal welfare.
In the case of Bangladesh Environmental Lawyers Association v. Ministry of Fisheries and Livestock (2014), the HCD directed the government to take measures to prevent animal cruelty during transportation and ensure that animal welfare laws are enforced. The court also directed the government to establish a committee to oversee the implementation of animal welfare laws and to submit progress reports to the court.
In 2021, the High Court Division issued a directive to the government to prevent animal cruelty during the Eid-ul-Azha festival, which involves the ritual slaughter of animals. The court ordered that animals be slaughtered according to the law and that their welfare be protected during slaughter.
These directives from the Supreme Court of Bangladesh show the court's commitment to protecting the rights and welfare of animals in the country and its willingness to take action to enforce laws and prevent animal cruelty and abuse.
While the Animal Welfare Act 2019 is a positive step towards protecting animal welfare in Bangladesh, there are still many challenges to its effective implementation. One of the critical challenges is the need for more enforcement of the law. Despite the existence of the law, many cases of animal cruelty go unpunished, and there is a lack of public awareness and education about the importance of animal welfare and the need to protect animals from harm.
Under the Animal Welfare Act 2019 in Bangladesh, mobile courts play a significant role in enforcing animal welfare laws and regulations. Mobile courts have effectively increased compliance with animal welfare laws in Bangladesh by conducting inspections and investigations related to animal welfare and prosecuting individuals or organisations found to violate the law. However, there have been concerns about the capacity and resources of mobile courts to enforce animal welfare laws throughout the country effectively. Some animal welfare activists have called for more resources for mobile court operations to increase their effectiveness in ensuring animal welfare.
Another challenge is the limited scope of the law. The law primarily focuses on regulating the treatment of domesticated animals, such as cows, goats, and chickens, and does not adequately protect wild animals. This is a significant shortcoming, as many wild animals in Bangladesh are vulnerable to poaching, habitat destruction, and other forms of exploitation.
The law should include protections for wild animals, such as prohibiting the capture or killing of endangered species, regulating the wildlife trade, and protecting wildlife habitats.
This would help to ensure that wild animals are protected from harm and that their populations can be sustained for future generations.To address these shortcomings, there is a need to expand the scope of the Animal Welfare Act 2019 to include protections for wild animals and to increase the penalties for animal cruelty offences.
There is also a need to improve enforcement mechanisms, such as increasing the number of animal welfare officers and training law enforcement officials on handling animal cruelty cases.
In addition, there is a need to increase public awareness and education about animal welfare in Bangladesh. We can do this through public campaigns, media outreach, and educational programmes in schools and universities. By raising awareness about the importance of animal welfare and the need to protect animals from harm, we can create a more compassionate and responsible society that values and respects the welfare of all living beings.
In conclusion, animal welfare is a crucial issue in Bangladesh, and there is a growing need to protect the rights and welfare of animals in the country. The Animal Welfare Act 2019 is a positive step towards achieving this goal. By working together to promote animal welfare, we can create a society that values the lives and welfare of all human and animal living beings.
Fardeen Bin Abdullah studies LLB at the Department of Law, University of Rajshahi.
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.
