Sentience is not recognised explicitly in Pakistani legislation, but there is acknowledgement that animals can feel pain and suffering in the Prevention of Cruelty to Animals Act (1890).  This refers to domestic or captured animals (section 2). The Act also requires animals to be protected from injury and suffering when used in fighting events.The reference to the ability of animals to suffer shows some recognition of elements of animal sentience. 

Analysis

The acknowledgement that animals feel pain and can suffer shows some recognition of element of animal sentience. However, it is noted that the legislation was introduced in 1890 and has not been updated since 1937. This legislation is a remnant of British rule, and the lack of recent updating demonstrates a lack of attention to animal welfare in the country.The Government is yet to incorporate current practical experience and scientific knowledge regarding animal sentience into the country’s legislation. The Government does not appear to consider animal welfare as an important issue, despite Pakistan being a member of the OIE, which has guiding principles on animal welfare that are based on the premise that animals are sentient beings. 

Enforcement Mechanisms

The Prevention of Cruelty to Animals Act (1890) lists a series of conducts that are punishable by imprisonment and fines. 

Key Recommendations

• Given the extensive body of scientific evidence proving that animals are sentient, the Government of Pakistan is urged to recognise that all animals for whom there is scientific evidence – at a minimum, all vertebrates, cephalopods and decapods crustaceans – are sentient beings and to enshrine this principle into legislation. Recognising animals as sentient will underpin further animal welfare considerations. 

Sections 3 to 5 of the Prevention of Cruelty to Animals Act (1890) prohibit physical forms of abuse (beating, overdriving, mutilation, blinding, killing in an unnecessarily cruel manner) and negligence (starvation, thirst, overcrowding).Although there is also a prohibition on baiting or inciting animals to fight, there is an exception for inciting animals to fight if such fighting is not likely to cause injury or suffering to the animals and reasonable precautions are taken to prevent injury.These provisions apply to domestic and captured animals, and therefore free-living wild animals are not covered by this protection.Under the Azad Jammu and Kashmir Wildlife (Protection, Preservation, Conservation and Management Act (2014)  cruelty to animals is defined as ‘an act towards and animal, which is against the natural instinct and behaviour of the animals and has a negative effect on the health of an animal including overdriving, beating, mutilation, starvation, thirst and overcrowding or otherwise ill treatment to the animal.’ 

Analysis

This law offers a basic level of protection against cruelty, abuse and negligence relating to some categories of animals. However, the situations described in law are very specific and may include references to some outdated practices (such as the use of phooka or doom dev on cows). The enforcement mechanisms also need to be updated. Current legislation includes fines that can be as low as 50 Rupees, which is an extremely low level when contrasted with the minimum wage for the country in 2013 of 10,000 Rupees.The legislation does have a direct remission to Magistrates and police for the responsibilities associated with the law, but there is no indication of an existing responsible authority for the development of further policy and legislation on animal. This may be because the law is a remnant of the British colonial system and has not been updated since independence. This does not appear to be a current priority. 

Enforcement Mechanisms

Breach of the anti-cruelty provisions in Sections 3 to 5 of the Prevention of Cruelty to Animals Act (1890) is punishable with fines and imprisonment. 

Key Recommendations

• The Government of Pakistan is encouraged to amend the Prevention of Cruelty to Animals Act (1890) to include a definition of animal welfare, in line with the OIE and explicitly promoting the Five Freedoms.

• The Government of Pakistan is urged to amend and update the Prevention of Cruelty to Animals Act (1890) to ensure protections for all animals in Pakistan and to align anti-cruelty measures with current animal welfare science.

Rearing

The anti-cruelty provisions in sections 3 to 5 of the Prevention of Cruelty to Animals Act (1890) apply to this category of animals.

Rearing - pigs

There is no policy or legislation related specifically to the rearing of pigs.

Rearing - broiler chickens

The is no national policy or legislation related specifically to the rearing of broiler chickens. Under the Punjab Poultry Production Rules (2017)  poultry production facilities are required to register with the Government each year. Beyond requirements for egg storage rooms not to exceed 36 degrees Celsius, there are no animal welfare provisions in the Act.

Rearing - egg-laying chickens

There is no national policy or legislation related specifically to the rearing of egg-laying hens.Under the Punjab Poultry Production Rules (2017)  poultry production facilities are required to register with the Government each year. Beyond requirements for egg storage rooms not to exceed 36 degrees Celsius, there are no animal welfare provisions in the Act.

Rearing - dairy cattle and calves

The is no national policy or legislation related specifically to the rearing of dairy cattle and calves.The Prevention of Cruelty to Animals Act (1890) specifically prohibits the practice of phooka or doom dev on cows.

Transport

There is no policy or legislation specifically related to the transport of farm animals.

Slaughter

The Punjab Animals Slaughter Control Act (1963)  governs the slaughter of animals in the state of Punjab, except in the Tribal Areas. The Act applies to bulls, bullocks, buffalo, buffalo-bulls, camels, goats, ostriches, sheep and any other animal of any age domesticated in captivity. The Act restricts the slaughter of ‘useful’ animals which include female animals (excluding sheep and goats) between one and ten years which may be used for draught purposes. Permission to slaughter these animals is required from a Veterinary Officer. Animals are also only allowed to be slaughtered in slaughterhouses except during Eid-al0Adha and the two succeeding days or in cases or illness, injury or other cause where the animal is likely to die before it can be presented at the slaughterhouse. 

The Karachi Cattle Slaughter Control Act (1950)  regulates the slaughter of cattle in the state of Karachi. Cattle are defined under the law as ‘oxen, buffaloes, goats and sheep’. The Act prohibits the slaughter of ‘useful’ animals which include pregnant animals and all oxen and buffalo between one and ten years who may be used for draught, breeding or milk purposes. No animal is allowed to be slaughtered outside the slaughterhouse except on the day of Eid-al-Adha and the two succeeding days.Under the Halal Authority Act (2015)  only Halal animals (those allowed under Islam) are allowed to be slaughtered. Animals are required to be alive at the time of slaughter; however, it is prohibited to cause torture to the animals during the slaughter process. Under the Act, stunning of animals before slaughter is prohibited, but allows the use of electric shocks prior to slaughter to calm down or reduce violence in the animal. The length of the electric shock is determined in Annex A of the Act, according to the species and weight of the animal. The stunning of poultry with loss of consciousness is allowed if the animal is alive and in a stable condition before and during slaughter. The Act mandates that animals shall not see others being slaughtered and that they are treated humanely throughout the process. Annex A of the Halal Authority Act (2015) provides parameters for the electrical stunning of animals by species. 

Analysis

There is very little legislation related specifically to farm animals. While they are protected by the general anti-cruelty provisions of the Animal Protection Act (1890), the lack of secondary legislation is concerning especially given the Animal Protection Act was introduced over a century ago. While the Halal Authority Act (2015) mandates the humane treatment of animals throughout the slaughtering process and does not allow animals to see others being slaughtered, it also does not permit stunning before slaughter for most animals. The use of electric shock prior to slaughter is allowed only if the process is ‘necessary and expedient’ in order to calm the animal down. It is not clear from the stunning requirements laid out in Annex A that the use of electric shock will cause a complete loss of consciousness in the animal. For poultry, however, the Act explicitly allows the loss of consciousness via stunning, though only if the process is ‘necessary and expedient.’ These restricted conditions show that, in effect, the slaughter of animals without prior stunning is largely allowed in Pakistan. 

Similarly, the Act relating to slaughter in Punjab and Karachi allows any person to slaughter animals around Eid-al-Adha which may result in cruel methods of slaughter being used. This places the country below accepted international standards on animal welfare, a situation which has regional and international repercussions particularly considering the economic importance and size of some industries, for example, the dairy industry.There are also concerns relating to trade with other countries. For example, in an investigation in 2013 the Australian government found that the handling and slaughter of sheep exported to Pakistan from Australia was not compliant with OIE animal welfare recommendations.

Enforcement mechanisms

Breach of the anti-cruelty provisions in sections 3 to 5 of the Prevention of Cruelty to Animals Act (1890) is punishable with fines and imprisonment. Breach of any parts of the Punjab Animals Slaughter Control Act (1963) is punishable with fines and imprisonment. Animals may also be forfeited to the Government. Breach of any parts of the Karachi Cattle Slaughter Control Act (1950) is punishable with fines between 100 and 1000 Rupees and imprisonment of up to six months.

Key recommendations

• The Government of Pakistan is urged to enact legislation detailing specific welfare requirements for the rearing of farm animals during the phases of rearing, transport and slaughter. Such requirements should be legally binding and species-specific and at a minimum aligned with OIE animal welfare standards and promote the Five Freedoms. Regular inspections onto farms and slaughter establishments should be carried out with a special focus on animal welfare. 

• Due to the significant animal welfare concerns associated with long distance transport, the Government of Pakistan is strongly urged to ban the export and import of live animals for long distances (i.e. over eight hours) and replace it with a meat only trade. Long distance transport is inherently cruel as it involves chronic stress for all animals and for some species and modes of transport it may involve overpopulation, exhaustion, excess heat or cold, inadequate ventilation and/or access to food and water, leading to disease, pain, injury or death. 

• The Government of Pakistan is urged to mandate the humane slaughter of all farm animals. Animals should be instantaneously rendered unconscious and insensible to pain and distress prior to slaughter. Today, there is growing consensus amongst religious authorities worldwide that pre-slaughter stunning is compatible with religious principles. Humane halal slaughter allows for the animal to be temporarily rendered unconscious via stunning prior to slaughter, as long as the animal's skull remains intact and the animal would regain consciousness in time should slaughter not occur. Therefore, animals should be unconscious before being bled, and no further processing should occur until irreversible loss of consciousness is confirmed. No animal should be forced to witness other animals being slaughtered as this is inherently distressing.

Zoos

The anti-cruelty provisions in sections 3 to 5 of the Prevention of Cruelty to Animals Act (1890) apply to this category of animals. However, wildlife both wild and captive, are considered the responsibility of provincial governments. Provincial governments are required to have their own wildlife department.Under the Azad Jammu and Kashmir Wildlife (Protection, Preservation, Conservation and Management Act (2014)  cruelty to animals is defined as ‘an act towards and animal, which is against the natural instinct and behaviour of the animals and has a negative effect on the health of an animal including overdriving, beating, mutilation, starvation, thirst and overcrowding or otherwise ill treatment to the animal.’ Under the Act, all wildlife – whether wild or captive bred, tamed or untamed are considered the property of the state government.Under the Azad Jammu and Kashmir Wildlife (Protection, Preservation, Conservation and Management Act (2014), it is the responsibility of the Wildlife and Fisheries Department to establish and maintain wildlife/safari parks, wildlife farms and zoos. The Act establishes the Wildlife Management Advisory Board whose role includes advising the Government on wildlife protection and reviewing progress in the area of wildlife protection.However, there is no national policy or regulation specifically regarding zoos. Zoos are not regulated under most provincial wildlife protection ordinances.

Private keeping of wild animals

Under the Northern Areas Wildlife Preservation Act (1975) , it is prohibited to keep as a pet or be in possession of a wild animals without permission from the Chief Wildlife Warden for a recognised zoo or scientific purposes. To acquire a Game Capture License, an applicant must prove that they have adequate experience to capture and care for the wild animals and that the captive animal is required for reputable purpose.Under the Azad Jammu and Kashmir Wildlife (Protection, Preservation, Conservation and Management Act (2014) anyone in possession of a wild animal is required to have a valid Certificate of Lawful Possession, issued by the State Government. This includes those who run wildlife farming facilities.

Fur Farming

There is no policy or legislation regarding fur farming in Pakistan. There was no evidence found of the existence of fur farms in Pakistan.

Analysis

Legislation does not present the issue of captive animals as an independent problem for which particular attention should be given. There are concerns about the welfare of zoo animals in the country.  It is difficult to meet the physiological and ethological needs of animals kept in captivity and the introduction of minimum standards in line with international recommendations would be beneficial. Responsibility for all wild animals is delegated to provincial governments who, while including prohibitions on the capture and keeping of some wildlife, have only sporadically including registration provisions for zoos and similar facilities. Given the age of the Prevention of Cruelty to Animals Act (1890), this leaves very few protections for wild animals in captivity. 

Enforcement Mechanisms

Breach of the anti-cruelty provisions in sections 3 to 5 of the Prevention of Cruelty to Animals Act (1890) is punishable with fines and imprisonment.Illegal possession of wild animals under the Northern Areas Wildlife Preservation Act (1975) is punishable by imprisonment of up to two years or a fine of up to two thousand rupees.Under the Azad Jammu and Kashmir Wildlife (Protection, Preservation, Conservation and Management Act (2014), anyone found illegally possessing a wild animal shall be punished by imprisonment of up to six months or a fine between ten and thirty thousand rupees or both.Most of the provincial regulations make reference to powers given to police “or other officers assigned by the government” to pursue enforcement of legislation.  As expressed before, the legislation assessed herein is mainly to be applied to animals in the wild. As such, the mechanisms available for the protection of animals do not take in consideration particular animals in captivity.

Key Recommendations

• The Prevention of Cruelty to Animals Act (1890) covers the basic animal welfare needs of animals kept in captivity, however, the legislation could be improved by addressing the species-specific welfare needs of animals kept in captive settings, such as zoos. As a result, the Government of Pakistan is urged to produce detailed legislation specifying the conditions under which wild animals may be kept in captivity. Such regulations shall include requirements with regards to housing, feeding, handling and husbandry and should promote the Five Freedoms of all individual animals. In particular, the Freedom to express normal patterns of behaviours should be respected.

• The Government of Pakistan is strongly encouraged to allocate human and financial resources to create an inspection unit in charge of verifying that animal welfare standards are implemented and enforced for animals living in captive settings. Facilities where animals are kept captive should be regularly inspected, and the results of such inspections should be made public.

• The Government of Pakistan is encouraged to develop a Positive List of species, specifying which animals can be kept as companion animals, based on clear criteria including animal welfare and other relevant concerns.

• The Government of Pakistan is urged to fully ban fur farming. Fur farming is inherently cruel and causes pain, distress and suffering to animals.

Care of companion animals

Stray animals

Analysis

Enforcement Mechanisms

Key Recommendations

Animals used for entertainment

Draught animals

Analysis

Enforcement Mechanisms

Key Recommendations

Analysis

Enforcement Mechanisms

Key Recommendations

Analysis

Enforcement Mechanisms

Key Recommendations

There is no evidence of a single government authority assigned responsible for improving animal welfare protection at a high government level. However, responsibility for different categories of animals are assigned to government departments at a provincial level for example, wildlife, both tamed and wild are under the jurisdiction of the Department of Wildlife in each province. 

Analysis

There is no evidence that the national government has assigned any responsibility to the issue of animal welfare which makes improving animal welfare in Pakistan difficult. There is some evidence of action on issues concerning wild animals, for example, with respect to conservation and bear baiting, however this is inconsistent across the country given the delegated authorities to provincial governments.

Enforcement Mechanisms

There is no policy or legislation relevant to this indicator.

Key Recommendations

• The responsibility for different categories of animals currently falls under multiple Ministries and Departments. For consistency, Government of Pakistan is recommended to align all animal welfare under one Ministry at the national level, with appropriate resources for research, implementation and enforcement.

• The Government of Pakistan is encouraged to create a multi-stakeholder committee to effectively engage all actors involved in maintaining animals’ well-being to find solutions for welfare concerns. This committee would guide the country’s policies and strategies on animal welfare, in line with international standards. This committee should include representatives of animal welfare organisations.

Analysis

Enforcement Mechanisms

Key Recommendations

The Government of Pakistan has not pledged in principle support for the Universal Declaration on Animal Welfare (UDAW).

Note: The Universal Declaration on Animal Welfare is a proposed formal international acknowledgment of a set of principles giving animal welfare due recognition among governments and the international community. An expression of support for the UDAW demonstrates a government’s commitment to working with the international community to improve animal welfare.

Analysis

Support for UDAW would be a first step into integrating animal protection considerations into different discussion tables, becoming a soft law source for decision makers interested in improving animal protection in the country. The government is encouraged to pledge its support. There appears to be a lack of political will to take action to improve animal welfare through policy commitments such as support for the UDAW.

Enforcement Mechanisms

There are no enforcement mechanisms relevant to this indicator.

Key Recommendations

• The Government of Pakistan is encouraged to pledge in principle support for the UDAW. Support for the UDAW will likely underpin further animal protection measures.