Some animals are considered man's best friend, and we love them as long as they don't become a burden. When love fizzles out, as all love does, those once cute pets or loyal beasts can be subject to mistreatment.
The new law will help protect animals locked up in small and unsuitable cages.
Cases of animal abuse abound. There are reports of elephants being mistreated by their mahouts, such as being drugged in order to work more hours. Temples in Thailand are regarded as shelters for dogs and cats abandoned by owners who once loved them. Some owners treat their pets in cruel ways, such as beating or starving them. Earlier this year, a dog named Boonnam was skinned, burnt and had its tail amputated.
So it was good news when last month, the National Legislative Assembly passed the Animal Welfare Bill for the Prevention of Cruelty to Animals, the first-ever such law in this country. The bill is expected to be implemented soon after being published in the Royal Gazette.
In the past, animal abusers in Thailand might have got away with their behaviour. It was explained away as "culture". Offenders also escaped punishment due to legal loopholes. But under the new law, heavy-handed treatment towards animals can bring two-year imprisonment and/or a 40,000 baht fine.
The bill is seen as a big step forward by the animal rights movement in Thailand. According to Roger Lohanan, a veteran animal rights activist, it took almost 15 years to get such a bill on the table.
Lohanan, president of the Thai Animal Guardians Association (AGA), said activists started campaigning for an animal welfare law around 1995, in response to shocking news about dog meat consumption and canine slaughterhouses in Tha Rae, Sakon Nakhon province. At that time, Thailand did not have a specific law dealing with animal rights abuses and needed to rely on criminal codes or transportation and health regulations.
Satid Prachyaariyakul, advisory board member of the Thai Society for the Prevention of Cruelty to Animals (TSPCA), was one of the legal experts who helped write the approved draft version of the bill. He said the bill was drafted to first and foremost protect domestic pets, such as dogs and cats.
"This law is quite comprehensive because it also includes other animals such as farm animals for food, working animals such as buffaloes, and show animals, such as elephants and primates on protected lists," said Satid.
"Furthermore, the law also contains provisions that empowers the agricultural minister to add 'animals in nature' such as fish, some insects or even reptiles on the protected lists."
According to the bill, acts of torture committed against animals are: "Actions or the lack thereof that cause physical and emotional pain, afflictions, illness, disability or even cause death to animals. Those actions and the lack thereof might involve the exploitation of animals that either/or are old, disabled, pregnant. Acts of torture also include the sexual abuse of animals or forcing ill and/or old animals to work excessively." The maximum penalty for animal torture is a 40,000 baht fine and/or two-year imprisonment.
"The draft law is written broadly to give room for judges and law enforcers to exercise judgement and issue organic laws and regulations to deal with changes and new cases of animal torture and problems in the future," said Satid.
Animal torture might also include any act that takes away comfort and/or induces harm, fear and stress. Examples include keeping animals in small cages, dirty shelters and feeding them harmful foods.
"Animal torture might not need to be the act of torturing animals. It could be letting your cattle walk on surfaces that ruin their legs, for example," said Satid. "It may include keeping chickens in small cages and exposing them to hormone injections. This law leaves room for judges to exercise their own judgement."
One strength of the bill is that stray and domestic animals are equally protected. The law does not solely focus on animal torture. Section 19 calls for owners to provide reasonable welfare to animals. The authorities are required to issue supplementary laws to define the condition of welfare, such as the condition of cages. Section 20 prevents owners abandoning animals, without "reasonable" cause. Section 21 requires owners to provide safe and reasonably comfortable transportation for animals. Violators of these sections must pay fines up to 40,000 baht.
The law also gives welfare protection powers to authorised staff. Welfare animal officials are empowered to summon owners or guardians. They can enter private property for inspection, stop animal transportation vehicles or even take away threatened animals when owners do not present themselves, or fail to protect their animals.
The animal welfare law is written in line with "The Five Freedoms" — internationally recognised animal welfare standards that recommend animals enjoy basic rights.
These rights are: Freedom to access food, freedom to be reasonably comfortable, freedom to be free from pain and from danger, freedom from fear and stress and freedom to express natural behaviour. Developed in the UK in 1965, the five freedoms stem from recommendations by Professor Roger Brambell concerning the treatment of intensively farmed animals.
The guidelines have been adopted by professional groups, such as veterinarians in the UK, and become a yardstick for the animal welfare movement when lobbying governments.
But Thailand's new bill will still not please everyone, and highlights the complex relationship between humanitarian efforts and cultural differences. For example, Section 18 permits cultural activities such as cockfighting. The law also doesn't forbid the cutting off of animal body parts such as ears, tails, hairs, horns and tusks, on condition that such acts do no harm. To some, such amputation is downright cruelty. While cutting tusks may be punishable by other laws, the bill still leaves a loophole.
Still, the sigh of relief is louder than the voice of concern, at the moment. Our first law giving legal protection to non-human creatures means that, at least, man is trying to be animals' best friend.
Those involved in the dog meat business will be subject to imprisonment and/or liable to pay a 40,000 baht fine.
Show animals such as elephants are among species protected under the new legislation.
