Day after day, I hear sad stories about tortured or abandoned animals and shed tears. With a weary heart, I have long hoped Thailand would pass a law to combat animal torture and ensure proper care for animals. Fortunately, the long fight for animal rights is almost over, as the draft law on animal protection passed all three readings by the National Legislative Assembly last week.
These days, the degree of torture against animals has increased and become unbearable. It was unbelievable to learn recently that a man hanged a pregnant dog and her puppy. Others skin dogs alive or sexually abuse different species of animals. Some months ago, I cried and cried on learning that many perverts in Thailand formed a group to share photos and video footage of them sexually abusing animals.
More stray dogs have been reportedly tortured or killed by people for crazy reasons — or sometimes for none at all. Many more dogs have been abandoned by their owners. Some owners love their pets only when they are young and cute, but desert them when they are old and ill. For years, dog traffickers have continued to smuggle dogs and dog meat out of Thailand, to countries where eating the animal is common.
Without an animal protection law, culprits in such cases face minor charges, as there is no specific law for police to prosecute them under. For instance, dog smugglers have been charged with selling animals or animal corpses without permission, moving animals without permission, torturing animals and failing to provide vaccination for dogs. If found guilty under the Criminal Code, they face minor punishment. Articles 381 and 382 of the Criminal Code impose a maximum sanction of one month’s imprisonment and/or a 1,000 baht fine.
Fortunately, the 32 provisions of the expected new law are aimed at protecting animals against torture and stipulate proper care for different kinds of animals — pets, beasts of burden and show animals. It also requires any group working with animals to be registered and all animal shelters in Thailand to be free of political motive and profit seeking.
The main goal of this draft law is to prevent animal torture. Under the Animal Welfare Bill, those found guilty of torturing an animal face a maximum of two years imprisonment and/or a fine of up to 40,000 baht. The court may also issue an order barring them from keeping animals again.
The anticipated new law is expected to have a big impact on Thai society due to the new definitions of the words “animals” and “cruelty”, as well as the harsher degrees of punishment.
Animals will be interpreted as living creatures, not property.
Cruelty will be interpreted more broadly and cover animal abandonment, maltreatment and irresponsible acts by owners.
Article 17 of this Bill forbids anyone from torturing animals. Caning, hitting, piercing, stabbing, burning and doing anything that causes torment, injury or death to animals without necessary reason is illegal.
The use of animal labour beyond the capabilities of their type and age, especially using weak, ill and old beasts of labour, as well as using elephants or dogs for begging, is illegal.
Using poisonous substances that cause danger, torment or death to animals, including using drugs to stimulate animals to be alert or attack one another, is illegal.
The use of inappropriate vehicles in transporting animals and keeping them in small spaces which causes torment, injury or death is banned.
Other offences are included. Keeping animals that are enemies by nature in the same place is illegal. Separating baby animals from their mothers while they still need breastfeeding is illegal, except in cases of communicable disease. Abandoning animals of any kind is illegal, as is starving animals in their possession. Neglecting or failing to provide medical treatment and proper care for animals in a person’s possession is outlawed, as is poisoning animals, causing torment or death.
Doing anything that causes disabilities or a changed physical shape to animals is illegal. Inciting animals to fight without permission is illegal , as is killing or hurting animals out of anger.
Chaining, locking up or detaining animals for too long or with inappropriate equipment is banned, as is feeding animals with warm-blooded animals while there are other choices of food. Using animals for sex is illegal.
Supporting or facilitating other people to torture animals is illegal. Any other acts as stated by this law and related regulations are considered animal torture.
In addition, the Bill clearly stipulates that those torturing animals will be fined a maximum of 20,000 baht per day, aside from jail terms and/or ordinary fines, if they continue to torture animals.
The court may also order the confiscation of tortured or maltreated animals from wrongdoers and send these animals to the Department of Livestock Development for proper care.
If this law is indeed implemented, it will support efforts to promote people’s animal rights awareness and offer vital assistance for needy animals in this country.
Pichaya Svasti is a travel writer for the Life section of the Bangkok Post.