Monthly Archives: May 2015

NO to Animal Cruelty. YES to Animal Welfare Bill.

20 Wednesday May 2015

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(Photo courtesy wikipedia)

Recently a video which was shared by a Sri Lankan on his Facebook managed to grab a lot of attention. Why? Many reasons. One probably being that some people liked watching cruelty to animals, the other due to a petition which was launched against the video, requesting that the man be punished for cruelty he inflicted on the animal. More specifically a cat, which was been taunted for a human’s entertainment.

A few questions remained unanswered. One includes the identity of the individual on the video, who speaks in Tamil to the cat, throwing it around, in the air, flipping him from side to side, and also carrying the animal by his neck, with his mouth as a cat would carry his kittens. This obviously creates a question as to the mental stability of the human who seems to be behaving not humane. Despite the petition’s call for punishing of the individual who has shared the video given the dilemma mentioned one cannot be assured whether it is the sharer who is in the video or not.

In addition to the lack of clarity of the individual, the biggest hurdle to take action against this sort of individuals remains the law. The law that is archaic, outdated with fines which are too low and with implementation that is almost never. If one has not heard of filed a case against anyone being fined for hitting his cat, not feeding it, or injuring it by throwing fire crackers at it, this would be due to the non-implementation of the law on animal cruelty in Sri Lanka, as well as the short-comings pertaining to it.

Cruelty to Animals

Cruelty to animals is defined by Prevention of Cruelty to Animals Ordinance No. 13 of 1907 as amended by N0.19 of 1912, 43 of 1917, 9 of 1919, 23 of 1921, 16 of 1927, 17 of 1930, 12 of 1945 and Act no. 22 of 1955.

According to section 2 of the Ordinance, the offence of cruelty is defined as including cruelly beat, ill-treat, over-drive, or cause or procure to be cruelly beaten, ill-treated, over-driven, over-ridden, abused or torture any animal; cause unnecessary pain or suffering to any animal by an act or omission, as well as convey or carry or cause them in vehicles, basket, box, or cage or otherwise, any animal or position animals so as to subject them to unnecessary pain or suffering.The penalty for this offence is provided as a fine that may extend to hundred rupees, or imprisonment (maximum 3 months) or both.

Further section 3 provides, “If any animal is found to be suffering and in pain by starvation the owner is guilty of an offence.” The punishment for THIS offence is at fine of hundred rupees, or imprisonment that may extend to 3 months or both.

One of the issues of the Legislation are the penalties which are trivial and not detrimental in its effect which fail to prevent cruelty to animals. The law that was passed over 100 years ago unfortunately fails from being taken seriously due to this.

Defining “Animal”

Another shortcoming of the current law on animal cruelty is the interpretation on what constitutes an “animal” under this Ordinance. In section 14, the interpretation provided states, “Animal means any domestic or captured animal and includes any bird, fish, or reptile in captivity.” This in turn limits the compassion that needs to be shown to animals to only those animals considered in human custody, which in turn provides space to be cruelt to those that are not.

Sri Lankan case law provides that an animal that is a “wild” animal would not come within the protection of this Ordinance. In the case of Inspector, Society for the Prevention of Crueltyto Animals, Nawalapitiya v. Punchirala et al  (1922) 24 NLR 202 a number of people were charged for chasing a wild elk, which had not been previously captured, and killing it in a cruel manner. It was held that the accused were not punishable under the Prevention of Cruelty to Animals Ordinance, No.13 of 1907 as the wild elk was not ‘an animal’ within the meaning of the term in the Ordinance and in turn were acquitted.

Need for Reform

To address the shortcomings of the law on animal cruelty, proposal for reform was presented in the form of a Bill to the parliament by Hon. (Ven.) Athuraliye Rathana Thero, on  October 19, 2010. The new legislation which is proposed has as its objective to replace the Prevention of Cruelty to Animals Ordinance of 1907, and to recognise duty of care for persons in charge of animals to treat the animals humanely, to prevent cruelty to animals and to secure the protection and welfare of animals, to establish a National Animal Welfare Authority and Regulations and Codes of Practice  and to raise awareness on animal welfare.

The Bill provides that a person in charge of an animal owes a duty of care to it, and that it shall be the duty of every person in charge of an animal to take all reasonable measures to ensure the well-being of such animal; and to prevent the infliction upon such animal of unnecessary fear or pain; and to provide such animal with food, water, hygienic living conditions, adequate living space and shelter that is appropriate; and reasonably practicable for the person to provide.

Proposed Law on Cruelty to Animals

The proposed law addresses cruelty to animals, and elaborates it to include beating, kicking, overriding, overdriving, overloading, overworking, torturing, terrifying, or otherwise treats an animal so as to subject it to unnecessary pain. It also proposes for it to an offence where a person in charge of an animal permits the animal to be so treated. This also includes using an animal in any work or labour or for any other purpose for which by reason of any disease, infirmity, wound, or other cause, such animal is unfit to be so used or training an animal in a way that is detrimental to its health and welfare, including forcing an animal to exceed its natural capacities or strength.

The Bill also proposes cruelty to animals to include wilfully and unreasonably administering any poison, injurious drug or substance to an animal or wilfully and unreasonably causing or attempting to cause any poison, injurious drug or substance to be taken by an animal. It also covers transport of animals by bringing within the interpretation conveying or carrying an animal in such a manner or position as to subject it to pain. Additionally keeping or confining an animal in any cage or any place that does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement will also be construed as cruelty to animals under the proposed law.

The suggested penalty upon conviction for the above mentioned offence is set to be a fine not exceeding fifty thousand rupees or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

A Compassionate Government?

President Sirisena’s election manifesto is reflecting the need for these reforms, or rather the overarching principle behind the call for reform : the need to protect animals from cruelty. This need is mentioned in his manifesto, under the section on  religious freedom in which the President promises to introduce legislation which will prevent violence to animals. However the 100 Day Program has lapsed in time (though one chooses to remain hopeful that what is in the manifesto will be addressed even post 100 Days) and the Bill presented to the parliament remains not passed.

With changes to governance being set up, and the enthusiasm which comes with it,  would this not be the appropriate time that we give serious thought to  the proposed legal reforms on cruelty to animals, and establish compassion which extends beyond just the humans in the land?

Note: Thank you Bhagya Wikramasinghe for providing support with the legal research for this article.  

“When you are woman in South Asia, everything becomes restrictive or a word of warning. ” – Senashia Ekanayake

11 Monday May 2015

Posted by in #WomenAtWork

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Senashia Ekanayake is a writer, who likes to describe herself as “mediating with her first quarter life crisis and contemplating life as a writer in the making.” She is motivated by two things: writing and environment and firmly believes that if one truly puts one’s heart into something that one wants to do or achieve, then on can end up either having one’s “dream job” or doing something one really likes.

Being a Woman

Senashia says that being a woman in itself is a difficulty she faced. “I incorporated both “woman” and “writer” in the same listing, as it seems to go hand in hand, at least in my instance.  So, the problem with being a woman, is that you are in fact, not a man. Please feel free to roll your eyes in disgust at my extremely sexist statement,” she added.

She explained that she believes why cultures and societies of women praise the birth of sons is simply because they simply do not want their baby girls to go through the same disastrous events as they did.

“When you are woman, at least in South Asia, I’ve realised that everything becomes restrictive or a word of warning. For example anything that falls between a 09am meeting or a 10pm drinks-date will accompany a plethora of “dress properly”; “who are you coming / going with / what is your mode of transportation”; “are you drinking? If yes, don’t drink too much, what will people think? And not forgetting the calls and text messages in between. These words of warning are not limited to only parental forces. If you are in a relationship, married or otherwise, the force and urge to protect the weaker sex is still very strong.”

She thinks to years of cultural conditioning and pruning the statements and questions above have now become normalcy to her.

 Being a “Writer”

“The problem with being a writer is that it starts off with people either expecting you to write books or write for the newspaper,” said Senashia.

“I did a bit of the latter at some point in life yes, as for the former, not as yet so to speak. From the little I’ve understood in my few years of working is that I prefer to be identified as a writer as opposed to trying to explain to people the whole list of undertakings I’ve usually agreed to,” she added.

Senashia said that things get complicated when she has to explain her job to those who are not very internet-savvy. She lists down her solution: “I just top it off with the line I write for the internet because a “writer” is not seen as a chosen career path for a woman. If this was an Austen era, I may have stood a chance I believe but it’s now customary for women to sit behind a secretary’s desk and plan dinner dates for your boss’s mistress.”

Not Working in an “Office”/ Working from Home

One would not call Senashia as someone with a traditional job. This would be partially due to her work set-up which has no office hours or, an office for that matter.

“So my jobs (yes there are two pay cheques from different organisations) allow me the freedom to work from anywhere. I used to work from home until very recently but now I grace the “city” (suburban girl here!) to drive the mothership and as I don’t like the new setup at home,” she added.

“I quite like this arrangement to be honest. One of the first things I need from any workplace is space. In fact that’s the first thing I need from any relationship, family, romantic, friends, work or any other. I need space to think and be about with just myself, and physical space where I can roll on the floor if that’s what I want to do. And this is exactly what my job offers me. No one cares if I’m working in my underclothes sitting atop the kitchen counter,” she explained.

One of the problems faced by Senashia is that the world seems to think of this as an unnatural occurrence.

“Working from home still hasn’t gained momentum in this part of the world and hence is not accepted as a means of earning by most. My folks seem to or at least try to understand what I do as I still live with them. But most of the time,  I even have similar-aged friends who think of my job as “luxury” (I think it’s the wearing underclothes part of the deal) when in fact I still do put in the same or even more hours of work into my job as they do,” she continued.

Balancing Personal & Professional

Senashia finds the question on how personal and professional converge to be an interesting question given that the notion of working from home usually accompanies the notion of “an abundance of free time”, which is not at all the scenario.

“More often than not, I work while on vacation because “season time” for the rest of the world, doesn’t really cut it for those of us who make their own schedules and work with the outside world. Christmas thankfully becomes a universal holiday,” she said.

She also added, “ I would like to think that I have somewhat of a balance yes and am forever grateful as long as I am single as it doesn’t complicate my mojo and throws me off balance! My personal life so far includes my Friday night alcohol-binges with the best friend and dropping an aunty at home or delivering a parcel to the grandmother’s. The family folk might also at times take this working from home thing too seriously and shamelessly ask me to bring my laptop along with me to every place we go.( Sigh)”

Aspirations?

Senashia aspires to have her own writing set-up with about three other writers and designers (according to her something which is with a few questions left to be answered.)

“I really enjoy the work I do and the best part about the writing comes the story you want to tell to the rest of the world. We all have a story to tell and what gets better than someone willing to pay you to tell their story! It’s also one of those moments you look forward to when a client says that they truly like the work you did for them or your writing spoke to them,” she explained.

For those who want to either write or work from home, her advice: “Go for it! There is so much potential and many untapped markets out there – especially in this part of the world where trends come in when the storm has passed – that can be made use of an exploited to create something truly beautiful.”

Sunday Rant: Happy Mother’s Day!

10 Sunday May 2015

Posted by in Random Moments of Life

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I start typing knowing that I need to finish typing in ten minutes, and get this uploaded in fifteen before I pack and leave. It’s Sunday, apparently Mother’s Day, and the day usually people do not work. I have taken a two-day break to work (of course the weekend). Yes, you heard it right, to work!

Anyone who knows me knows how much I love the silence (probably why I end up dating men who do not speak much, at least when I am around) and how OCD I am (when it comes to getting any work done, and needing my space). So coming back home from Nairobi, and finding my life’s possession scattered on the floor of every room in our new house was not the best way to start the month, or the year ahead of my birthday! (So much for that birthday, no cake, no bed, no peace and well no sense of a birthday to start with. Dylan of course went around the house singing “happy birthday” to himself, and wishing a very happy birthday to everyone other than his mummy! Stubborn boy the kid is turning out to be! I guess we know where that comes from. Anjalee threatens, “You better get that boy of yours to be less stubborn, or I will not let my niece marry him! She believes in child marriages these days, pre-planning for the world’s woes been seen as a wise choice!)

Coming back to the point where I left, before all the brackets came in, the summary is that I had to take a break to work. To find silence, pay a place for that “silence” and then start typing, emailing, reading things people would probably find insane and what not. You get the drift I am sure.

Now time has come back to head back. My room at home is mid-way to becoming a habitable one, and half the belongings dumped on the porch had been cleared. (Yesterday’s finding when I dropped in to have Dylan time). Dylan seemed thrilled to see me, an enthusiasm that subsides when I refuse to give him my phone to watch Barney for half the day. He walks to find his “seeya” (grandpa) his favourite human on the planet.

I have not written much in the last two weeks. Nairobi has been a roller coaster ride in many ways. Fortunately or unfortunately for my blog, the not too consistent internet provider prevented me from ranting about the amount of times I had to climb up and down the stairs to get to my room  every time something would go wrong. I think I will save that vent to be documented on another day, or hour.

So happy Mother’s Day to all you mummies! And I dash out to grab muffins for the kid, to find my sanity/insanity, and the power to keep me awake for the next few hours when my OCD hits the ceiling on seeing my life spread across the house (again) accompanied by my loyal partner in crime which helps keep my sanity intact – a good old caffeine filled cup of Café Latte!

From Commissioner to Spiritual Ambassador : Yeb Saño’s Story

09 Saturday May 2015

Posted by in Climate Change, Features

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(Image courtesy google images)

Yeb Saño, one of the key negotiators on climate change recently decided to step down from his position as the Commissioner at the Climate Change Commission in the Philippines  and to work with different faith groups across the world, as part of the larger global climate movement ahead of the 21st Conference of Parties of the United Nations Convention on Climate Change (UNFCCC) to be held in Paris at the end of 2015. He explained his choice to join the movement, his new work, and the reasons for the need for political will and immediate climate actions to protect the vulnerable groups, as well as the planet.

 Commissioner Turned Spiritual Ambassador

Saño’s new work is with OurVoices as Leader of The People’s Pilgrimage. OurVoices is the global, multi-faith climate campaign created in recognition of the moral urgency of the climate crisis and is a movement that emerged from among people of diverse spirituality and faith from around the world, united by the concern to address the effects of climate change on vulnerable communities and the planet.

“We are exceptionally inspired and enthused that the inter-faith and religious communities, together with many civil society organizations, have fervently embraced this call for climate action and climate justice,” said Saño.

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 Rome to Paris

Saño’s new work will start with crossing San Juanico bridge as a symbolic departure from Tacloban in the  Philippines and heading to Vanuatu,  a country recently devastated by Cyclone Pam. The Pilgrimage will include Korea, Thailand, Indonesia, the Great Barrier Reef, India, Rome, Africa, and the Americas, amongst others and Saño will not be alone in his travel.

“Throughout my journey, I will be accompanied by religious leaders, faith communities, civil society groups and individuals. Together, we will pay homage to global hotspots that are at risk from climate change, but that in equal measure celebrate compelling examples of climate leadership, solutions and climate resilience,” he explained.

The People’s Pilgrimage will culminate in a 1,500 kilometer, 60-day walk from Rome to Paris to arrive in time for the UN Climate Change Summit.

 Political Will for a Better Future

“The climate crisis is upon us. Already, millions of people have lost lives, homes and their livelihoods as a result of climate change. Yet the actions and commitments of political and industry leaders from around the world remain profoundly inadequate and fail to secure a safe and just future for all,” said  Saño highlighting the immediate need to address climate change.

He also stressed on the need to confront problems as a human family effectively and pursue the future the global community needs for a better world. This vision inludes among others eradicating poverty, building resilient and sustainable communities, protecting the Earth, promoting honor and integrity, and fostering a culture of caring. “The fight against climate change is part of a larger struggle for a more just, equitable, caring, and mindful world. As such, greed, apathy, and arrogance have no place in our pursuit of this bright future,” explained Saño.

“Seeing my father fight injustice inspired me.” – Bhagya Wickramasinghe

09 Saturday May 2015

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bhagya photoBhagya Wickramasinghe is a lecturer in law, an Attorney-at-Law, and works as a researcher for Sri Lankan Youth Climate Action Network, an organisation focusing on climate change, youth empowerment, and social justice. She shared her experience of being a young professional and multi-tasking which has allowed her to do work on the causes she believes in.

Education: key to empowerment

Bhagya sees education as playing a key role in empowering people, especially those of vulnerable groups. She highlighted this to be the motivation to choose a career in education.

“As a strong believer in education as a means of empowerment of people, and access to social justice, I wanted to start my career with teaching which was an idea I have carried since my school days. I believe teaching to be one of the greatest services one could do. Law has always been my passion and motivation since from small age I believed that the way to social justice needs to achieved through a country’s legal system,” she said.

Struggles to inspiration

Bhagya says her inspiration to study law, and pursue a career in law stems from the struggles her father faced while she was growing up.

“As a teenager I experienced the bitterness of politics when my father, a judicial officer was unduly victimised by judicial politics. This experience of seeing my father fight injustice inspired me to continue the fight,” she added.

Born in Kandy, she moved to Colombo for her studies. She finds learning to live in the big city without her parents itself to be one of the challenges she faced.

“I came to Colombo when I was 18, a naïve girl who had just passed out form school with big dreams and no practical sense. I was molly coddled by parents and taken care for by them. I was overwhelmed by the Colombo city, its rush, its fast pace and the fact that I had to fend for myself,” she explained.

Being a woman and a young lawyer

When asked whether being a woman had impacted her professional life, Bhagya responded in the affirmative.

“I have faced the tragedy of gender stereotyping in Sri Lanka in many ways, especially in terms of the way in which a young professional woman is viewed by the various segments in the society,” she said.

“The expectations of the society form a female professional is different. I have been viewed as too weak and gentle to handle being a professional and a lawyer. There have been instances where I have been discouraged from various fields of work and research only because I am a woman,” she added.

She believes that being a working woman does not prevent being happy in one’s personal life. She explained that knowing to respect and allocate due importance to professional as well as personal life ensures a balance between the two.

“There have been instances where I have been told that a female engaged in a hectic professional life would end up compromising the social expectations and fulfilling duties of being a woman,” she added. An opinion with which she chooses to disagree.

Knowledge and humanity

Bhagya aspires to engage in her higher education and further research that will help her contribute to the causes she believes in, and aspires to see social justice for all.

“I believe knowledge is a prerequisite of wisdom, and knowledge surrounds us in our daily lives. Wisdom is often found in the experience of others. We need to be sensitive to grasp that knowledge to be more humane and to be nice to each other,” she added.