ANIMAL WELFARE LEGISTATION IN SRI LANKA

AND PROPOSALS FOR LAW REFORM

1 .Introduction

In this research I am focusing on the current importance of introducing legislative

amendments and law enforcing frame work regarding animal welfare and prevention of cruelty
for animals in Sri Lanka. As Mahatma Gandhi once stated “The greatness of a nation and its
moral progress can be judged by the way its animals are treated". When we consider the royal
decrees in the legal history in Sri Lanka there was a great Animal friendly cultural heritage.

Laws are important and good legislation constitutes a vital component of the animal welfare
framework of any country. In Sri Lanka the laws protecting animals from cruelty and inhumane
treatment are archaic and lag behind other countries which have incorporated higher ethical and
scientific standards into their legislation. In Sri Lanka the governing legislation regarding
prevention of cruelty against animals is the Prevention of Cruelty to Animals Ordinance, No. 13
of 1907.

There is a growing public demand in Sri Lanka for better and humane treatment of animals. A
part of this public campaign is directed towards the reform of laws governing the care and
protection of animals.
Good legislation is an important part of the animal welfare environment of any state. So it is all
the more important in a country such as Sri Lanka which has a proud claim to a rich animal
friendly cultural heritage. In this context in my research my focus is to provide an overview of
key legislation concerning animals, identify weaknesses in the current statutes and propose law
reforms for Animal Welfare legislation in Sri Lanka while taking into consideration legislative
and judicial trends in foreign jurisdictions.

1.1 The background of the study

As the first step in this research I am going to identify the pre-colonial history of Sri Lanka in
respect to Animal Welfare. In this I pay my attention to discuss the rich and unique pre-colonial
history of Sri Lanka in respect of Animal Welfare. As the second step I overview of the
Prevention of Cruelty to Animals Ordinance No 13 of 1907 which is the current legislation in
force relating to Animal Welfare and to prevent cruelty against them. It is an antiquated statute
and the form and scope of this legislation is substantially inadequate. Its limitations are apparent
when it is compared with animal welfare legislation of neighboring countries such as India or
western countries such as England or Australia. As the third step I will discuss weaknesses in the
Prevention of Cruelty to Animals Ordinance No 13 of 1907.Fourth step is to analyze legislative
and judicial trends and precedents in foreign jurisdictions on Animal welfare. And as the last step
my focus is to propose amendments and law reforms to prevent cruelty to animals and secure the
protection and welfare of animals.
1.2 The objectives of the study

1. To give an introduction and discuss the pre-colonial history of Sri Lanka in

respect to Animal Welfare.

2. Provide an overview of the Prevention of Cruelty to Animals Ordinance No 13

of 1907.

3. To discuss weaknesses in the Prevention of Cruelty to Animals Ordinance No 13

of 1907.

4. To analyze legislative and judicial trends and precedents in foreign jurisdictions

on Animal welfare.

5. To propose amendments and law reforms to prevent cruelty to animals and

secure the protection and welfare of animals.

1.3 The research problem

Is the Prevention of Cruelty to Animals Ordinance No 13 of 1907, preventing cruelty to animals

and secure the protection and welfare of animals?
1.4 Hypothesis

The Prevention of Cruelty to Animals Ordinance No 13 of 1907 is not ensuring prevention of

cruelty to animals and protection and welfare of animals.