NationalVOLUME 20 ISSUE # 11

Animal welfare: Legal protections and challenges

Pakistan’s diverse ecosystems are home to a vast array of wildlife, yet animal welfare remains a neglected issue. Despite laws designed to prevent cruelty, mistreatment of both domesticated and wild animals persists due to weak enforcement and societal indifference.

While legal frameworks such as the Prevention of Cruelty to Animals Act (1890) exist, gaps in implementation and outdated regulations hinder effective protection.

A small group of individuals gathered near Tibba Badar Sher Chowk in Bahawalpur, drawn to an unusual and troubling sight—a donkey-cart, with its unfortunate animal left dangling in the air. The overloaded cart, burdened beyond capacity by its owner’s attempt to maximize profits, had lifted the donkey off the ground. Despite the owner’s desperate efforts to bring the animal down without offloading some of the cargo, bystanders viewed the scene with indifference, treating it as an everyday occurrence.

For Sania Waheed, an A-Levels student visiting her maternal grandparents in Bahawalpur from Islamabad, the sight was deeply unsettling. She was disheartened by the apparent lack of empathy shown by those around her toward mistreated animals, whether domesticated or stray. Sania questioned the moral fabric of society, wondering how people could claim to uphold religious and ethical values while neglecting the welfare of innocent creatures.

Islamic scholar Allama Abbas Shirazi emphasized that Islam places great importance on the compassionate treatment of animals. Citing the Holy Qur’an, he reminded believers that every living being, from creatures on land to birds in the sky, forms a community just as humans do. He highlighted that the teachings of Prophet Muhammad (PBUH) strongly advocate for kindness toward animals, with numerous Hadiths illustrating the gravity of cruelty and the virtue of mercy. The Prophet (PBUH) personally intervened in cases of animal mistreatment, setting a powerful example of compassion.

Even small acts, such as removing eggs from a bird’s nest, were addressed in Islamic teachings, underscoring the need for justifiable reasons when taking the life of any creature. True adherence to Islamic principles means rejecting all forms of cruelty—whether overburdening animals, neglecting them, hunting for sport, or subjecting them to unnecessary suffering.

Beyond religious teachings, Pakistan’s legal framework also provides protection for animals. Senior Supreme Court lawyer Agha Intizar Ali Imran pointed out that laws such as the Prevention of Cruelty to Animals Act (1890) and the Punjab Animals Slaughter Control Act (1963) criminalize acts of abuse, with offenders facing fines, imprisonment, or even the forfeiture of their animals.

Agha Imran recalled a landmark case that captured national and global attention—the plight of an elephant in Islamabad Zoo. The Islamabad High Court ruled that animals have inherent rights under the Pakistani Constitution, condemning the mistreatment of the elephant, the exploitation of a bear forced to perform tricks, and the inhumane culling of stray dogs. The judgment reaffirmed the legal recognition of animal rights, challenging anthropocentric views and emphasizing the moral and legal duty to safeguard all living beings.

Agha Intizar Ali Imran highlights that individuals can report incidents of animal cruelty by dialing 1819. The law calls for the formation of an animal ethics committee, ensuring stricter enforcement against abusers. Pakistani legislation explicitly bans the shooting and poisoning of animals, reinforcing legal protections for their welfare.

Despite its rich biodiversity, with 177 species of mammals and 660 species of birds, Pakistan struggles with conservation and animal welfare. The country received a low ranking on the World Animal Protection Index, earning an overall grade of ‘E,’ with an alarming ‘F’ in government accountability and a ‘G’ in animal protection. This places Pakistan below India and only slightly above nations with severe human rights violations.

Imran points out that animals kept in zoos and those privately owned as exotic pets both live under captivity. While the Prevention of Cruelty to Animals Act (1890) provides legal protection, the responsibility for wildlife management rests with provincial governments, as Pakistan lacks a unified national zoo policy.

The lawyer expresses concern that most provincial wildlife laws fail to address adequate animal welfare regulations. When it comes to privately owned wild animals, the Northern Areas Wildlife Preservation Act (1975) mandates permission from the Chief Wildlife Warden for scientific study or placement in a recognized zoo.

Regarding domesticated pets and companion animals, Articles 3 and 5 of the Prevention of Cruelty to Animals Act (PCTAA) may apply, but no specific laws directly govern their treatment. Although Article 429 of the Pakistan Penal Code criminalizes harming animals valued above Rs50, cruel practices such as the mass culling of strays continue unchecked.

Imran acknowledges that the Prevention of Cruelty to Animals Act (1890) serves as a foundational framework recognizing that animals experience pain and suffering. However, he notes that this fundamental principle has yet to be effectively integrated into broader legislation to ensure stronger protections for animal welfare.

Although Pakistan has laws aimed at protecting animals, the lack of enforcement and inadequate policies leave many vulnerable to cruelty and neglect. The country’s low ranking on the World Animal Protection Index underscores the urgent need for reform. Strengthening legal provisions, ensuring provincial governments take responsibility, and fostering public awareness are essential steps toward improving animal welfare. Recognizing animals as sentient beings and integrating this principle into legislation can pave the way for a more compassionate and ethical society.

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