Animal Welfare Act 2006 Compiled by Graham Shelbourne - Essay Example

Animal Welfare Act, 2006 as compiled by Graham Shelbourne. A Review. Whenever there is a human rights’ violation in any part of the world, there occurs a hue and cry about it. But when the poor mute creatures called animals get subjected to the same kind of violations nothing happens. Fortunately, there are sections of people around the world who recognize the fact that animal too have a right to exist and lead a life free from torment. Under the circumstances, it is heartwarming to know about this singular piece of legislation from no less an institution than the great Mother of Parliaments. And to review such a document is a pleasure indeed. On the whole, this remarkable document is designed to promote the welfare of animals, domestic in nature. By restricting young people under the age of sixteen from buying animals the Act tries to avoid ill treatment or neglect of the creatures by young folk who might not be as responsible or caring as necessary to properly look after the animal he or she has obtained. In the same manner, if he sells or transfers the animal in a family context, it is not considered an offence, as a family is supposed to be a group of people connected together by bonds of ‘blood,’ so that they tend to be more responsible and affectionate in dealing with animals under its care in the same manner they do among the family members. The act empowers a NA to make regulations in the best interests of the animals and is at the time careful not to exceed the punishment for violating the provisions of the Act and the consequent imprisonment for more 51 weeks, or imposing a fine exceeding level 5 on the standard scale. This seems to be a reasonable provision as the punishment for any crime should be in direct proportion to the seriousness of the offence. The Act also stipulates that any activity involving animals is to be registered. They should confine themselves to the activity for which they are registered and the whole thing is governed by regulations made by the appropriate national authority. This proviso is in the interests of those animals that are mainly used for purposes of commercial exploitation, as in a circus. The authority can also issue or revise codes of practice from time to time as per the guidelines this Act. This is to provide practical guidance in respect of any provision made by or under this Act. Interestingly, failure to comply with such a code shall not, by itself, make a person liable to any kind of legal proceedings. It is said that any point of law has its loophole and this one does seem like one. This proviso takes away from the Act to a considerable extent. “But as the saying goes, nothing is perfect.” Added to this is the proviso that failure to comply with a relevant position of a code of practice tends to establish liability, while complying with the same establishes negative liability. So judging by the terms of the Act, it is a balanced one with both parties viz., animal and man (owner) given due consideration. Constraints on Sales and Ownership. It is an offence to sell an animal to a person who is under the age of 16. Here ‘selling’ means transferring ownership of an animal as well. But it is not an offence if a person enters into the arrangement in the presence of the person with whom the arrangement is made and he has reasonable cause to believe that the person with whom the arrangement is made is accompanied by a person whose age is less than 16 years. However, there are no restrictions put in the way, if a person sells an animal in a family context, the same is not considered an offence. Finally, the Act empowers NA to make regulations to promote the welfare of animals but it does not include power to create an offence triable on indictment or punishable with imprisonment for a term exceeding 51 weeks or impose a fine exceeding level 5 on the standard scale. Procedures and Powers to Require Licenses: Any person, who owns, maintains, or is in the custody of any animal over 4 months of age with the City Limits, must be in possession of a valid license. The procedure for applying for a license is as follows: 1. The written application for a license has to be made at the City Hall. 2. Licenses, once issued, are valid for a period of I year, except otherwise when revoked before this period. 3. An application has to be made within 30 days after taking possession of the dog/cat over 4 months of age. It is to be noted that applications made after the period of 30 days attracts fines of $10. Non Residents may keep dogs/cats for a maximum period of 60 days without licenses. 4. Upon acceptance of the license and the fees (For dogs $5 and for Cats $2), an identification Tag or Collar would be issued which will have to be tied around the animal’s neck, whenever it is outside the premises of its owner/caretaker. (Frequently Asked Questions. 2007). The role local authorities play is in ensuring that the living environment of both animals and humans are kept healthy, safe and clean for habitation, since animals has as much rights for living as we humans do. Any activity involving animals should be registered with the appropriate authority and a license as detailed above is to be obtained. Under Section 13 subsection 1, no person shall carry on an activity to which this subsection applies unless registered for the purposes of this section. It also applies to an activity, which involves animals for which a person is responsible and is specified for the subsection by regulations made by the appropriate NA. Failure to do so would be considered an offence. Powers to Write Codes of Practice and Their Constraints. The appropriate NA has the right to issue and from time to time revise, codes of practice to provide practical guidance in respect of any provision made by or under this Act. As mentioned before, failure to comply with such a code shall not by itself make him liable to any kind of legal proceeding. Failure to comply with such a code shall establish liability and compliance negative liability. There are constraints here too. If a police inspector or constable believes that a protected animal is suffering, he must take immediate steps to alleviate the suffering. But it does not authorize the destruction of an animal. On the contrary, if such an animal is to be destroyed, it needs the certificate of a veterinary surgeon that it should be done away with in its own interest. Only then a member of the police force can destroy the animal or arrange it to be done so. But if the animal’s condition is such that there is no reasonable way to save it, a police personnel is free to destroy it without the surgeon’s say so or that it is not reasonably practical to wait for the arrival of the veterinary surgeon. Likewise, an inspector or the constable can take a protected animal into possession if such a veterinary surgeon certifies that, and animal is suffering or that it is likely to suffer unless circumstances do not change. This includes arrival of an offspring, if any. Then a police official may remove it or arranged to do so to a place of safety, care for it or arranged to do so, in any place he thinks fit. He may mark it or arrange it to be marked for identification purposes. A veterinary surgeon may take samples from an animal to issue a certificate. A police official may enter premises for the purpose of searching for a protected animal if he believes a protected animal is suffering on the same premises or if circumstances do not change it is likely to suffer. As human beings grew wiser and wiser they recognize the need to care for other animals as well and attempt to take steps for their welfare too. This is a positive sign as other creatures of God will also receive due attention that they deserve. Obviously passing legislations to ensure this is necessary as some humans may not readily recognize this need. It is a welcome gesture that the government is taking necessary steps by enacting the required Acts. It is earnestly hoped that the aims of this assignment are fulfilled reasonably well. Works Cited Frequently Asked Questions. 2007. Wharton News. Heritage. Retrieved May 17, 2007, from http://www.cityofwharton.com/articles/frequently_asked_questions#11 Read More