Territorial extent Thailand Date signed 26 December 2014 Date commenced 27 December 2014 | Date of Royal Assent 26 December 2014 Signed by Bhumibol Adulyadej | |
Prevention of Animal Cruelty and Provision of Animal Welfare Act (Thai: พระราชบัญญัติป้องกันการทารุณกรรมและการจัดสวัสดิภาพสัตว์ พ.ศ. ๒๕๕๗; literally "Animal Cruelty Prevention and Animal Welfare Provision Act, 2557 BE") is a parliamentary act of the National Legislative Assembly of Thailand.
Contents
The bill was discussed in the 2014 winter session of the assembly, and was approved by a vote of 188 to 1. It was officially enacted on 26 December 2014 and came into force the following day. It is Thailand's first animal welfare law.
Its principal mandates are to impel animal owners to provide appropriate care and shelter, and to stop the illegal meat trade. The act also covers wildlife, to the extent determined by the agricultural minister who is in charge of the act.
It prohibits neglect, torture, and uncaring transport of live animals. Neglect includes improper housing and transportation of animals which may lead to injury and death. An offense is punishable by law, which may impose a one year-term in prison, and fine of up to 40,000 baht (US$1,663), or both.
Background
Thailand is infamous for its stray animals, particularly cats and dogs. It is a centre of major illegal dog trade for meat. In addition to domestic use, dogs are exported to China and Vietnam. These animals are cramped up in bags or cages in transit sometimes resulting in death. There are also numerous reports of pet thefts. Many pet owners dump unwanted animals on the street.
Thailand had no specific legislation for acts of cruelty to animals. There is a minor criminal code under which cruelty to animals is punishable by a maximum one month in prison and a 1,000 baht fine. But the code does not clarify what cruelty is, and was never enforced. Groups such as the Thai Animal Guardians Association, the Thai Society for the Prevention of Cruelty to Animals, and the Soi Dog Foundation, led a global campaign resulting in pressure on the Thai government to take action. The Thai Society for the Prevention of Cruelty to Animals lobbied lawmakers for 20 years prior to the legislation being passed.
A major breakthrough came in April 2012 when the Animal Activist Alliance of Thailand (AAA), collaborating with 30 other animal protection groups protested in front of the parliament. As a result, a parliamentary sub-committee was created to prepare a draft bill to address the torture and abuse of animals. It had representatives from various animal welfare organisations.
The draft bill titled "Animal Anti-Cruelty and Welfare Draft Act" was prepared, and was discussed at the November session of the National Legislative Assembly. It was passed on 12 November by a vote of 188 members for, one against, and four abstentions. The act came into effect on 27 December 2014 as "Prevention of Animal Cruelty and Provision of Animal Welfare Act".
Features
The main objective of the act is to ensure adequate care of animals.
The animals protected by this act are those normally raised as pets, raised for work, raised as beasts of burden, raised as friends, raised as livestock, raised for performance, or raised for any other purpose, with or without owners, and including wild animals as designated by the minister in charge of the act (agricultural minister).
The act defines cruelty to animals as any action that induce suffering in animals, such as beating, stabbing, burning, scalding, starving, poisoning, or any physical or mental torture, pain, illness, disability, or death, including using a disabled, ill, aged, or pregnant animal for labour or exhibition, and prohibits such actions. It also include abuse of working animals, such as those used in entertainment, cats and dogs in pet cafes and zoos, as well as over-exertion of old, sick, or pregnant animals, or animals that are too young to work.
The act prohibits animal cruelty from being used as a non-tariff trade barrier by foreign countries. It permits designated officials to search homes or businesses with any information on cruelty to animals.
Animal owners are compelled to "raise, nurture and keep the animals in appropriate conditions with good health and sanitation and with sufficient food and water".
Rejected proposals
There were 20 proposals for the law suggested by animal rights groups included in the draft bill that were not approved.
The major points omitted related to discarding animals or keeping them too narrowly confined, animals fighting for sport, the eating of live animals, as well as prohibiting the trade of dogs and cats for consumption.
Enforcement
The first offense of the act was reported in January 2015. Kamdee Kotata, a 50 year-old villager in northeastern Nong Khai Province, was arrested by police officers on 5 January. After a dog bit his chicken, the man threw knife at a dog, cutting the dog's face.