Although the Animal Welfare Act states that persons committing offences against animals will be liable to fines and prison time if convicted, suspected perpetrators are rarely if ever brought to justice.
Tails of Hope Animal Rescue Service, Shari DaSilva told this newspaper that following a number of breaches of the Act, there has been little to no effort by the police to bring the perpetrators to justice.
Speaking of a more recent incident where a man was filmed as he chopped a puppy to death, DaSilva said the police were provided with evidence but nothing has come of the matter. She said that the man was never taken to court even though he was approached by the police. Further, there have been reports that that man did the same to other animals.
Part II of the Act, which addresses “Protection of Animals, states that no person shall subject any animal to unnecessary pain or intentionally expose an animal to a condition that causes or is likely to cause pain, suffering, fear or injury. It further states that any person who injures an animal shall render all necessary assistance to the animal or arrange for assistance to be provided. Failure to do so means the person has committed an offence and is liable on summary conviction to a fine of $50,000 and three months’ imprisonment.
Noting this, DaSilva recalled an incident where a woman made a report about a man injuring her dog. She said that the man was taken to court and fined $15,000. However, she explained that there have been many more cases where persons were not arrested although evidence was made available to the police. Accord-ing to the animal rights activist, the animal abusers are getting off because the law is not being enforced.
According to the Act, inciting animals to be aggressive towards human or other animals except in the case of working and hunting dogs under the supervision of qualified persons is prohibited. Persons shall not train animals to fight or in any way associate with animal fights, including organizing, attending, betting and advertising. They also shall not give an animal as a prize in any game of chance; use technical devices, aids and tools aimed at controlling behaviour of animals by punishment, this includes prong collars or training devices involving the use of electric current or chemical substances. Dog races should not be organised on hard surfaces; animals should not be given any stimulant or illegal substance in order to improve their performance in sports competitions and shows, weight gain or to enhance growth.
The use of animals in a circus, show, film, television production, advertisement, exhibition or competition in which an animal is forced to behave unnaturally or is subject to pain, suffering, fear or injury is prohibited. Forcing animal into a behaviour that causes or is likely to cause pain, suffering, fear or injury is prohibited. Exposure to adverse temperatures, weather conditions and hygiene standards unacceptable for individual animal species or lack of oxygen thus causing them pain suffering fear or injury is also prohibited.
In July there was outcry on Facebook by users who were concerned about the safety of a donkey that was left in the vicinity of Camp Ayanganna for some time enduring the harsh rainy weather. Eventually the Sheriff Security Service guards went to the abandoned animal’s rescue. Had anybody been prosecuted for this offence, they would be liable on summary conviction to a fine of $100,000 and six months behind bars.
Other offences which carry the same fine and prison time, upon conviction, is giving any animal food or substance which will cause death; and forcing an animal to take artificial or unnatural food substances except when scientifically justified or instructed by a veterinarian for animal health reasons. It is also unlawful to neglect an animal in terms of its health, housing, nutrition, and care; cut off sensitive parts of the body of a live animal; use traps other than those specified; feed live animals as hunting bait; or restrict the movement of an animal in any way that causes it pain, suffering, fear, or injury. It is also stated that by notwithstanding anything to the contrary provided in the aforementioned, any person may carry out any necessary procedures or do anything necessary (a) for the health and protection of an animal, the control of pests and the control of human and animal diseases; and (b) To control the movement of an animal raised for production purposes through the use of electric shocks and setting up electric fences.
There is also the Protection of Animals Act, which states that an owner who abandons an animal, whether domestic, companion, wild, or otherwise, kept under his control, exposes a raised or cultivated wild animal to the wild or settled it in the wild unless prepared for survival in such environment, in accordance with special programme or inflicts pain suffering or injury upon an animal during training commits an offence and is liable on summary conviction to a fine of $50,000 and three months imprisonment. Ear cropping and tail docking in dogs, declawing of cats, devocalisation, and other interventions aimed at changing the phenotype appearance of the animal are also prohibited.
Touching on the offence of killing animals, the Act states that a person may humanely kill an animal when medical treatment of the animal is likely to be long lasting, cause suffering and the outcome of the treatment is uncertain; the animal had reached an advanced age and its vital functions are failing; or the animal is suffering from an incurable disease. It is necessary for the implementation of disease control measures generally and in particular for the diseases that threaten humans and is likely to cause great economic damage; the animal constitutes a danger to the community; it is done for the purpose of pest control; it is necessary for the purpose of performing an experiment on the animal or producing biological preparations or after the completion of the experiment or after using the animal for the production of biological preparation; the animal is injured and unlikely to recover or to recover without suffering unduly.
Further, the humane killing of animal, generally, shall be carried out by a veterinarian or qualified veterinary technician under the supervision of a veterinarian, except where otherwise provided for and in the following cases: the humane killing of animals bred or kept for production purposes; the humane killing of animals for the purposes of teaching, conducting experiments, or producing biological preparation; pest control; when it is necessary to humanely kill an animal without delay because it suffers severe and incurable pain. The owner of an animal that suffers for severe and incurable pain shall without delay have the animal humanely killed. An owner of an animal who fails to comply with the above mentioned, commits an offence.
