Enact the Animal Welfare Bill immediately

Enact the Animal Welfare Bill immediately!

 

Petition created by Olcott GunasekeraInserted by Rani Kulatilake 

 


 

 

To:  H.E the President of Sri Lanka

Enact the Animal Welfare Bill immediately! 

This is a petition urging the Government of Sri Lanka to enact the Animal Welfare Bill and conveying to the Government of Sri Lanka that the antiquated legislation i.e. the Prevention of Cruelty to Animals Ordinance, No.13 of 1907, as the governing legislation to protect animals from the cruelty of human beings, is no longer accepted. 

Sri Lanka needs to ensure that those who abuse and ill treat animals are severely charged with an offense which befits the crime; no more allowing heinous crimes to occur towards animals and the abusers get anything more than a penalty of Rs.100 as the fine. The present legislation is a shame on a country that has a long tradition of bestowing loving kindness towards all beings including those in the animal world. 

This petition is also about recognizing the need for statutory protection for animals. To that end, there is also a need to enshrine in the Constitution of Sri Lanka a duty to have compassion for living creatures as found in the Constitution of India. 

The moral stature of Sri Lanka’s Constitution would be greatly enhanced if it recognizes the claims of other living beings for compassion and appropriate consideration from human beings, and the protection of their legal rights. The philosophy underlying the Constitution must encompass the view that legal rights are not the exclusive preserve of human beings. 

There are several countries in the world that have effected change in the area of animal rights protection in national legislation. Countries like Germany, Switzerland, Austria, Holland, Japan, Sweden and India all have started to move toward a more enlightened consciousness and have created national laws protecting their animals. 


HISTORY 
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The ethical concern for the welfare of animals and the notion of reverence for all forms of life is deeply rooted in the long standing traditional culture of Sri Lanka. Rock inscriptions and ancient chronicles, such as the Mahawamsa, reveal that extensive state protection was granted to animals and the slaughter of cows was strictly prohibited. 

The ethic of Ahimsa (non-violence towards other sentient beings) is a cardinal tenet in Buddhism and Hinduism. It underpinned public attitudes including state policy pursuant to a moving plea made by Arahant Mahinda to King Devanampiyatissa in their very first encounter at Mihintale over 2300 years ago, in the following words: 

"Oh! Great King, the birds of the air and the beasts have an equal right to live and move about in any part of this land as thou. The land belongs to the peoples and all other beings and thou art only the guardian of it." 

Arahant Mahinda's declaration set the tone for the creation of an Asokan model of a benevolent state in Sri Lanka. The social and legal history of Sri Lanka provides innumerable examples of the public attitude to animal life. Our former kings established some of the world's first wild life sanctuaries. Five of the kings governed the country under the 'Maaghaata' rule, which banned completely the killing of any animal in the kingdom. The five kings were 1) Amanda Gamini (79-80 C.E.), 2) Voharika Tissa (269-291C.E.) 3) Silaakaala (524-537 C.E.), 4) Agga Bodhi IV (658-674 C.E.) and Kassapa III (717-724 C.E.). 

King Silaakaala (524-537 C.E.) decreed the 'preservation of life of all creatures' throughout the island. King Kassapa IV (898-914 C.E.) granted safety to all creatures on land and water and in doing so stated that he was observing in all respects the conduct of ancient kings of Sri Lanka. King Parakramabahu I had decreed that safely of life be extended to all creatures without exception living on dry land and in the water on the four uposatha days of every month. 

Several Kings had established Hospitals for Animal and one such King, namely King Buddhadasa (341 C.E.), was a reputed medical and veterinary surgeon. 


PRESENT DAY 
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Sri Lanka's track record in the field of animal welfare legislation and the effective enforcement of such legislation, since the country's independence in 1948, is, unfortunately, far from satisfactory. 

It is a national embarrassment to have one of the world's most antiquated pieces of animal welfare legislation on the statute books as the governing legislation. 

When celebrating the 2600th anniversary of the Buddha’s Enlightenment, we the undersigned call on the Government of Sri Lanka to update Sri Lanka's antiquated animal protection laws to ensure that all animals are protected by: 

i. Enacting an Animal Welfare Bill by the Government of Sri Lanka based on the Animal Welfare Bill presented to Parliament by Venerable Athureliye Rathana Thera, M.P. as a Private Member’s Bill; 

ii. Introducing a provision similar to Article 51A (g) in the Indian Constitution into the Constitution of Sri Lanka, thereby imposing a Fundamental Duty on every Sri Lankan to have "compassion for living creatures"; and 

iii. Including under Article 27 (2) of Chapter VI – Directive Principles of State Policy and Fundamental Duties, a new sub-section (gg) as follows: 
"(gg) the acceptance of the responsibility of the State for the protection and the promotion of the welfare of all living beings". 


Olcott Gunasekera 
President –Dharma Vijaya Foundation

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