Duty Of Care A Much Needed Inclusion In The Animal Welfare Bill Of Sri Lanka
Thimal Gajadeera
The proposed Animal Welfare Bill has been welcome news for Animal Rights activists who have been clamouring for the introduction of stricter legislation to replace the anachronistic Prevention of Cruelty to Animals Ordinance of 1907. The Bill intends to strengthen the laws on animal cruelty as well as try and clearly define the offences and to bring forth stronger penalties to those who commit the aforementioned offences.
In the draft Animal Welfare Bill it states that “no person may abandon an animal” and stringent penalties are given out in order to prosecute those who do.However it brings for the issue of duty of care and the extent to which it is applied in the protection of animals.
“The Animal Welfare Bill is much needed for Sri Lanka. And the inclusion of duty of care towards animals is also key to ensuring that the objective of the Bill is
met. It is difficult to prevent cruelty to animals, where there is no duty of care towards even those that one has taken charge of voluntarily,” said Convener of Animal Welfare Coalition, Attorney-at-Law, Vositha Wijenayake.
met. It is difficult to prevent cruelty to animals, where there is no duty of care towards even those that one has taken charge of voluntarily,” said Convener of Animal Welfare Coalition, Attorney-at-Law, Vositha Wijenayake.
Duty of Care Around the World
The idea that pet owners having a duty of care to protect their pets is present in legislations around the world.This is brought forward due to the fact that there has many cases of abuse which especially by pet owners who have bought pets and have subsequently failed to provide any basic care for them.
In England The Animal Welfare Act of 2006 brought forward the concept of a ‘duty of care’ on pet owners to provide for their animals’ basic needs, such as adequate food and water, veterinary treatment and an appropriate environment in which to live. Previously this ‘duty of care’ had only existed for farm animals.
In Switzerland Pet owners owning pets such as dogs need to pass written and practical testing in order to own a dog and thus creating a legal duty of care and a responsibility of the individual in order to own a dog.
In the government of Queensland, Australia states under section 17 that a person in charge of an animal owes a duty of care to it and goes on to further elaborate that a person is in breach of that duty when he or she does not take reasonable steps to provide the animal’s needs for the following in a way that is appropriate—food and water; accommodation or living conditions for the animal;to display normal patterns of behaviour; the treatment of disease or injury; or ensure any handling of the animal by the person, or caused by the person, is appropriate.
