A NEW VICTORY ON THE HORIZON

There was a time when animal rights activists like Rubaiya Ahmad, Founder, Obhoyaronno Animal Welfare Foundation, would go to file cases or fight against animal abusers, but in vain. Despite the existence of The Cruelty to Animals Act 1920, no one, not even the police, seemed to know about a special law to protect animals. For the first time, in 2015, a full-fledged case of animal abuse was filed with the Rampura police station by Obhoyaronno. 

Since then many cases have been filed, and many abusers caught, but the fact still remained that this archaic Act needed amendments. For instance, the 1920 Act defined 'animal' as either domesticated or captured, which left out a large portion of animals in the country that are mainly strays. The need for these changes was recently recognised by the Government when, on February 20, 2017, the Animal Welfare Bill received a go-ahead from the cabinet.

This new bill and its amendments are being worked on by Maya Barolo Rizvi, Country Head, Humane Society International, Bangladesh, and Jayasimha Geethaprabhu Nuggehalli, Managing Director, Humane Society International, India, who recently visited the country for the purpose.

The bill will first and foremost focus on changing the name from "The Cruelty to Animals Act" to the "Animal Welfare Act". "The word cruelty is what we will focus on in this regard, because when you are ensuring that an animal is not facing 'cruelty', we're not necessarily concerned about its 'welfare' and well-being," says Nuggehalli. 

Another key point that the amendment will focus on is the definition of the word 'animal'. In the new proposed bill the definition is broadened to "any living creature other than a human being, and includes fish, amphibian, reptile, bird, mammal and all vertebrates" which opens the doorway to saving animals belonging to the zoo, pet shops and the streets. Along with that, the definitions of 'captive animal', 'domestic animal' and 'incurably ill animal' have been added, while the definition of 'owner' has been changed to "used with reference to an animal, includes not only the owner but also any other person for the time being in possession or custody of the animal, whether with or without the consent of the owner."

The proposed bill suggests the necessity of a State Animal Welfare Board, which will include ministers, law-enforcers, magistrates and animal rights activists to ensure the implementation of these laws throughout their respective societies and communities. "And to ensure said implementation, once the bill has been passed, we intend to hold training sessions and workshops across the country for the members of the board, to sensitise them upon the issue at hand," Nuggehalli continues. 

The Act will also broaden the definition of 'cruelty'; it will have separate sections that address 'cruelty to bovines', 'experimentation on animals' and 'performing animals'. 

It is common practice in Bangladesh to bring in foreign breed dogs like a Saint Bernard or an Alaskan Husky, not realising that the climate will not suit them. The Act also addresses this issue by including "freedom from discomfort due to environment" as one of the five rights granted. Even the placement of animals in various zoos will have to be taken into consideration under the new Act. 

According to the bill, the maximum penalty for animal cruelty in fines has been increased to Tk 50,000 from Tk 200 and the prison term to two years from 6 months in existing The Cruelty to Animals Act 1920. Nuggehalli argues that though there is no legitimate proof that raising the fine will stop the crime, it sends a strong message to the people that this is an issue that the state cares about. 

With the new proposed bill, we can already look forward to some long overdue changes in our society. Rubaiya Ahmad, Obhoyaronno Animal Welfare Foundation, is optimistic. "In 10 years' time, what we can look forward to is the change in human behaviour, a change in mindsets. The fact that Jayasimha [Nuggehalli] has come all the way here and sat in the same room with the law commissioner and discussed these changes that are about to take place – it's such a victory for Bangladesh. If you asked me four or five years ago, where I saw ourselves in terms of animal welfare, I would just see us within the limited scope of work that organisations like Obhoyaronno engage in. But this is so much bigger than what we could have imagined then."

While implementation can be a legitimate concern, with the kind of work that has already been done and the progress we have seen over the years regarding animal welfare, one has the right to be hopeful of the change that is about to come. "This is not a movement that is restricted within a few animal lovers anymore, we are engaging with the highest authorities and now we are about to have an Act passed by the parliament of Bangladesh acknowledging the importance of animal welfare. The Government of Bangladesh understands that animal welfare is human welfare. If we continue at the rate we are now, then Bangladesh is bound to become a role model in this field," says Nadia Choudhury, Head of Legal Affairs, Obhoyaronno Animal Welfare Foundation.

With the approval of this bill, Bangladesh will welcome a new victory. A victory that will help end violence against those who cannot stand up or fight for themselves, a victory that has been long overdue to bring about a more ethical and moral society. With this victory, we will finally be able to hope for a more humane society, a more humane Bangladesh.