In a recent Judgment, the Hon’ble Islamabad High Court held that animals are to be treated in accordance with the law in terms of Article 9 (right to life) of the Constitution of Pakistan 1973 and not a means for mere entertainment. The term “life” as used in Article 9 of the Constitution of Pakistan 1973 does not only means personal rights but also includes “animal life”. Animals natural rights not to be treated in a manner that subjects them to unnecessary pain and suffering have been well recognized in the Prevention of Cruelty of Animals Act 1908.
Section 3 of the Prevention of Cruelty of Animals Act 1980 specifically states that if any person, overdrives, beats, or otherwise treats any animal so as to subject it to unnecessary pain or suffering, or, binds, keeps, carries or consigns for carriage any animal is such manner or position as to subject it to unnecessary pain or suffering or offers for sale or without reasonable cause has in his possession any live animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment, or offers for sale any dead animal or part of a dead animal which he has reason to believe has been killed in an unnecessarily cruel manner, or without reasonable cause abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst, he shall be punished, in the case of a first offence, with a fine which may extend to fifty rupees, or with imprisonment for a term which may extend to one month and, in the case of a second or subsequent offence committed within three years of the previous offence, with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months. Unfortunately, inhumane behaviours of humans, with animals, have become a routine matter in Pakistan. There are numerous frequent unreported horrifying cases of “animal rape” in Pakistan. Recently, in Okara District, five men gang-raped a goat, which too was widely reported in media. It is a compulsion and responsibility of the State to ensure that statutory rights of animals in terms of Prevention of Cruelty of Animals Act 1980 be performed and implemented in its true sprit.
BARRISTER ARSALAN RAJA
Karachi
