ECHOES OF THE VOICELESS:
ANIMAL WELFARE, INTERNATIONAL OBLIGATIONS, AND LEGISLATIVE REFORM IN PAKISTAN
LIAQAT ALI KHOSO
1st Additional District and Sessions Judge, Khairpur.
00923337120634
[email protected]
https://orcid.org/0009-0008-9814-9327
Co-Author Saeeda Khurshid
Advocate High Court
ABSTRACT
Animals have historically played an indispensable role in human civilization, facilitating labor, providing sustenance, and enriching human lives. This symbiotic relationship, however, often devolves into exploitation and cruelty, necessitating robust legal and ethical frameworks for animal protection. The Holy Quran and the teachings of Prophet Muhammad (PBUH) unequivocally emphasize the rights and compassionate treatment of animals, viewing them as integral components of creation deserving of respect and care. Globally, the recognition of animal welfare has evolved from rudimentary anti-cruelty statutes to comprehensive animal rights legislation, with the United Kingdom enacting pioneering laws as early as 1876. International bodies, including the United Nations, have also formulated conventions and treaties advocating for animal welfare. In stark contrast, Pakistan continues to rely predominantly on the antiquated Prevention of Cruelty to Animals Act of 1890, a colonial-era enactment that remains largely unchanged and demonstrably inadequate for contemporary challenges. This article critically evaluates Pakistan's existing legislative framework, analyzes its national and international legal commitments, and argues for a comprehensive reform that transcends mere "prevention of cruelty" to establish a robust regime of Animal and Avian Rights. By examining judicial precedents, particularly the landmark Kaavan case , and Nelofer case and comparative global standards, this research proposes a roadmap for a legal system that truly serves as the guardian of the voiceless, aligning Pakistan's legal landscape with its moral, religious, and international obligations.
Key Words: Animal Cruelty, Animal Rights, International Legislation, Religious Obligations, Pakistan, Legislative Reform, Judicial Activism.
INTRODUCTION
Across Pakistan's vibrant urban centers and serene rural landscapes, a significant, yet often overlooked, segment of the population endures a state of profound vulnerability: its animals. From the resilient equines toiling in cities and villages, to the livestock vital for the national economy, and the ubiquitous stray animals navigating bustling streets, these creatures are deeply interwoven into the nation's social and economic fabric. However, the prevailing treatment of these "other creatures" frequently exposes a disturbing chasm between espoused cultural values and daily realities. The pursuit of animal welfare in Pakistan is not merely a peripheral environmental concern; it serves as a profound barometer of the nation’s moral compass and legal maturity. Despite the proliferation of international legislation and growing global awareness regarding animal protection, Pakistan has conspicuously lagged in enacting modern, comprehensive laws to safeguard the rights of its animal inhabitants.
THE HISTORICAL AND LEGAL FRAMEWORK: A CENTURY OF STAGNATION AND THE IMPERATIVE FOR REFORM
The foundational legal instrument governing the treatment of animals in Pakistan remains the Prevention of Cruelty to Animals Act, 1890. Promulgated during the British colonial era, this legislation, while pioneering for its time, has persisted largely un-amended into the 21st century, starkly illustrating a significant legislative inertia. This prolonged reliance on an archaic statute underscores a critical “clerical lapse” in legislative evolution. Numerous reports and incidents highlighting animal abuse have failed to awaken legislative responsiveness, leaving the existing framework woefully inadequate. The Act of 1890 is demonstrably outdated, characterized by meager penalties that fail to serve as effective deterrents. For instance, the Act prescribes fines as low as PKR 50 and a maximum of PKR 500, which are negligible in the current economic context and do not reflect the gravity of animal cruelty offenses. Furthermore, the definitions of various terms within the Act are insufficient to encompass the diverse forms of atrocities committed against animals today. The absence of provisions for the establishment of specialized tribunals, the involvement of expert witnesses, and clear procedural mechanisms further hampers its effective implementation. These deficiencies necessitate an urgent and comprehensive legislative overhaul. Following the 18th Constitutional Amendment in 2010 , provincial governments in Pakistan gained increased autonomy to legislate on matters previously under federal purview, including animal welfare. This devolution of power presents a significant opportunity for provinces to enact modern and comprehensive animal protection laws. However, while some provinces have made strides, a uniform and robust legislative framework across the entire nation remains elusive. The current focus on merely preventing cruelty is insufficient; the imperative is to address animal welfare holistically, encompassing aspects such as proper care, nutrition, shelter, and veterinary services. Although government-run veterinary hospitals exist, many are dysfunctional, highlighting a critical gap in infrastructure and service delivery. Moreover, animal-based sports and games, which often involve torture and abuse, continue unchecked due to a lack of clear legislative mandates and enforcement mechanisms.
THE ISLAMIC IMPERATIVE: COMPASSION, TRUST, AND THE RIGHTS OF ANIMALS
As an Islamic Republic, Pakistan's foundational principles are deeply rooted in Islamic teachings, which unequivocally mandate the compassionate treatment and welfare of animals. In the Islamic tradition, animals are not merely resources but are regarded as a sacred “trust” (Amanah) from the Creator, entrusted to humanity's care. The Holy Quran articulates this profound interconnectedness:
وَمَا مِنْ دَابَّةٍ فِي الْأَرْضِ وَلَا طَائِرٍ يَطِيرُ بِجَنَاحَيْهِ إِلَّا أُمَمٌ أَمْثَالُكُمْ ۚ مَا فَرَّطْنَا فِي الْكِتَابِ مِنْ شَيْءٍ ۚ ثُمَّ إِلَىٰ رَبِّهِمْ يُحْشَرُونَ
"There is not an animal that lives on the earth, nor a being that flies on its wings, but they are communities like you.”
This verse establishes a fundamental principle: animals possess their own social structures, intrinsic value, and inherent rights that demand human respect. It underscores that all creatures—beasts, birds, insects, and marine life—exist in organized, intelligent societies, much like human beings. They possess their own forms of communication, social hierarchies, and families, and are entitled to rights such as migration and humane treatment. The life and teachings of Prophet Muhammad (PBUH) are replete with exemplars of profound compassion for animals. The Prophet (PBUH) sternly warned against the spiritual accountability for the starvation of an owned animal and strictly prohibited the overloading of beasts of burden and their use as live targets for practice. Similarly, according to the narration of Hazrat Abdullah bin Umar, a woman was thrown into hell only because she tied a cat. He was not given anything to eat or drink and the cat died in the process. In his commentary on this hadith, Imam al-Nawawi states : “This hadith means that this act of this woman was Haraam and that is why she will be thrown in hell for her evil deeds. He further writes that from this hadith it is known that killing a cat is forbidden (Haraam) and similarly keeping a cat tied without feeding is also forbidden (Haraam). The clear meaning of this hadith is that the woman was a Muslim but she will go to hell because of the cat. In another narration, it was held that a prostitute lady was rewarded for her copationate act towards animal. Islamic law further dictates that if an animal is to be slaughtered for food, it must be performed with the utmost mercy, utilizing a sharp blade to minimize pain and conducted away from the sight of other animals to prevent psychological distress. The Prophet (PBUH) stated:
"اِنَّ اللهَ كَتَبَ الْإِحْسَانَ عَلٰی کُلِّ شَيْءٍ ، فَاِذَا قَتَلْتُمْ فَاَحْسِنُوا الْقِتْلَةَ، وَاِذَا ذَبَحْتُمْ فَاَحْسِنُوا الذَّبْحَ ، وَلْيُحِدَّ اَحَدُکُمْ شَفْرَتَهُ، وَلْيُرِحْ ذَبِيْحَتَهُ۔"
(Translation: Indeed, Allah has prescribed excellence in everything. So when you kill, kill well; and when you slaughter, slaughter well. Let each one of you sharpen his blade and spare suffering to his animal) .
ترجمہ: بیشک اللہ نے ہر چیز پر احسان (نیکو کاری) فرض کیا ہے۔ پس جب تم قتل کرو (قصاص وغیرہ میں) تو اچھے طریقے سے قتل کرو، اور جب تم جانور ذبح کرو تو اچھے طریقے سے ذبح کرو۔ اور چاہیے کہ تم میں سے ہر کوئی اپنی چھری تیز کر لے، اور اپنے ذبیحہ کو راحت پہنچائے۔
These religious injunctions extend to ensuring that every animal, bird, or creature receives adequate food, water, and sustenance. Pets and working animals have an inherent right to appropriate and timely provisions of water and food from their owners or caretakers, alongside proper rest and shelter from harsh environmental conditions. Cruelty against animals, therefore, stands in stark contradiction to these fundamental Islamic principles. Moreover, animals, like humans, are susceptible to illness and health issues, necessitating appropriate veterinary facilities and assistance. The frequent sight of overloaded horses and donkeys in Pakistan, often depicted in media, highlights a pervasive disregard for these principles and the absence of adequate enforcement mechanisms to protect working animals from exploitation.
COMPLIANCE, GLOBAL REPUTATION, AND THE "ONE HEALTH" APPROACH
Pakistan's standing within the international community is increasingly contingent upon its adherence to global ethical standards, prominently including animal welfare. Failure to align with these standards not only compromises its moral credibility but also carries tangible economic repercussions. As a member of the World Organization for Animal Health (WOAH), Pakistan is obligated to harmonize its national policies with international guidelines on animal health and welfare. Unfortunately no such proactive legislation is found in Pakistani legal system which comply with the International obligations. This is not merely a moral imperative but a "Rights-Based" necessity with significant implications for international trade. Non-compliance with WOAH standards can lead to severe consequences, such as bans on the export of meat and leather products, directly impacting the national economy and agricultural sector.
The "Five Freedoms" Framework of (WOAH)
Modern international animal welfare science and contemporary veterinary jurisprudence are fundamentally structured around the concept of the "Five Freedoms." Originally formulated by the UK Farm Animal Welfare Council (FAWC) in 1965 and subsequently adopted by the World Organization for Animal Health (WOAH), this universally recognized framework provides an objective, science-based standard for assessing animal sentience and well-being. To move beyond the primitive and reactive paradigm of the 1890 Act—which only punishes extreme, visible physical abuse—Pakistan must explicitly integrate and codify these Five Freedoms into its legal, regulatory, and policy structures. This requires transforming abstract ethical concepts into actionable statutory obligations:
1. Freedom from Hunger and Thirst: This freedom requires ensuring continuous, unrestricted access to clean, potable water and a nutritionally balanced diet tailored to the specific biological, physiological, and age-dependent needs of the animal, thereby maintaining full health, immunological defense, and physical vigor. In Pakistan, this freedom is routinely violated across commercial dairy colonies (such as those in Landhi, Karachi), livestock markets (Mandi), and urban streets where beasts of burden operate. Legislative reform must mandate that commercial owners, state pounds, and animal custodians provide verified feeding and watering intervals. Neglect resulting in emaciation, dehydration, or systemic metabolic failure must be classified as a distinct, actionable criminal offense rather than a minor omission.
2. Freedom from Discomfort: This freedom dictates the provision of an ecologically and biologically appropriate environment, including adequate shelter from extreme weather conditions, proper ventilation, and a clean, comfortable, and ergonomically sound resting area. Given Pakistan’s exposure to extreme climate shifts—ranging from intense summer heat-waves to severe winter drops—the lack of mandatory shelter laws causes immense, silent suffering. Working equines are frequently left tied in open areas under scorching heat, and poultry are packed tightly in unventilated transport vehicles. Future legislation must establish binding spatial requirements, temperature control guidelines for commercial transport, and mandatory provisions for shade, bedding, and protection from the elements.
3. Freedom from Pain, Injury, or Disease: This freedom demands proactive prevention through robust biosecurity measures, as well as rapid clinical diagnosis and immediate veterinary treatment when injury or disease occurs. The current legal framework completely fails to address veterinary negligence or the systemic abandonment of sick and injured animals. Owners frequently abandon working donkeys or horses on public streets once they suffer fractures or infectious diseases. The law must enforce a legal duty of veterinary care upon owners, criminalize the abandonment of injured animals, and establish state-backed, mobile veterinary rescue squads equipped to handle emergencies, alongside functional district-level veterinary hospitals.
4. Freedom to Express Normal Behavior: This freedom requires providing sufficient physical space, environmental enrichment, proper facilities, and the company of the animal's own kind to allow for natural behavioral patterns, social interaction, and psychological development. This is perhaps the most neglected freedom in domestic practice, particularly visible in the archaic management of public zoos (as highlighted in the Kaavan case), the solitary confinement of exotic pets, and the intensive caging used in industrial poultry farming. Keeping social, wide-ranging animals in cramped, isolated enclosures causes severe psychological trauma and stereotypical behaviors (such as pacing or self-mutilation). Modern statutes must regulate minimum enclosure dimensions, ban prolonged solitary confinement of social species, and mandate species-specific environmental enrichment.
5. Freedom from Fear and Distress: This freedom requires ensuring environmental conditions, handling protocols, and operational treatments that actively avoid mental suffering, psychological trauma, and chronic anxiety. Fear and distress are deeply embedded in the current methods used for animal handling, public slaughter, and stray animal management in Pakistan. The public culling of stray dogs through mass poisoning or shooting causes immense terror and agonizing deaths, violating this freedom entirely. Similarly, slaughtering livestock in full view of other animals causes severe psychological distress. Legal frameworks must incorporate the "One Health" approach, mandating humane handling practices, outlawing public culling in favor of Trap-Neuter-Vaccinate-Return (TNVR) programs, and strictly enforcing the Islamic injunctions of privacy and calmness during the halal slaughter process.
Judicial Activism: A Glimmer of Hope and the Evolution of Animal Sentience
In recent years, the Pakistani judiciary has demonstrated an evolving "Judicial Mind" towards animal rights, marking a significant shift in legal interpretation. A pivotal moment occurred with the landmark decision of the Islamabad High Court in the Islamabad Wildlife Management Board v. Metropolitan Corporation Islamabad (the Kaavan case). This judgment unequivocally recognized that animals possess legal rights and that their welfare is intrinsically linked to the broader "Right to Life" enshrined in the Constitution, viewed through an ecological lens. The court's ruling, which led to the relocation of Kaavan, an elephant, from inadequate zoo conditions to a sanctuary, underscored the judiciary's willingness to extend constitutional protections beyond human beings.
Applying Article 10-A Principles: Due Process for the Voiceless
While Article 10-A of the Constitution of Pakistan guarantees the right to a "Fair Trial" for human citizens, the underlying spirit of "Due Process" and "Fair Treatment" is increasingly being invoked by progressive jurists to safeguard the natural world. Courts are progressively moving away from viewing animals solely as "property" and are instead recognizing them as "sentient beings" deserving of judicial protection and consideration. This jurisprudential evolution is crucial for developing a more compassionate and just legal system.
The Role of Oversight and Enforcement
Just as the Member Inspection Team (MIT) oversees the conduct of judicial officers to prevent "gratification" or "interference" in human cases, there is a compelling need for specialized oversight bodies dedicated to animal welfare. These bodies would ensure that animal protection laws are not dismissed as "groundless" by local administrations and that enforcement is consistent and effective. The current enforcement landscape is plagued by a lack of awareness, inadequate training for law enforcement agencies, and procedural shortcuts that often allow offenders to evade accountability.
Socio-Economic Impact: The "One Health" Approach
Animal welfare is inextricably linked to human health and well-being, a concept encapsulated by the internationally recognized "One Health" approach. This integrated perspective emphasizes that the health of humans, animals, and the environment are interconnected. In the Pakistani context, this translates to several critical considerations:
• Zoonotic Diseases: Poor livestock welfare and unhygienic conditions contribute significantly to the spread of zoonotic diseases, posing direct threats to public health and economic stability.
• Economic Impact on Livelihoods: The mistreatment and overworking of animals, particularly working animals like donkeys and horses, drastically reduce their economic lifespan, disproportionately affecting the poorest families who rely on them for their livelihoods.
• Ineffectiveness of Culling: Urban stray animal management through culling (e.g., shooting or poisoning) has been scientifically proven to be ineffective in controlling populations and is publicly traumatic. Humane alternatives such as Trap-Neuter-Vaccinate-Release (TNVR) programs are globally recognized as effective and ethical solutions. The Lahore High Court has also issued directives against the brutal culling of stray dogs, emphasizing constitutional rights and ethical standards.
LEGISLATIVE PROTECTION OF MIGRATORY BIRDS AND ANIMALS: GLOBAL OBLIGATIONS AND PAKISTAN’S DUAL-LAYER FRAMEWORK
The ethical imperative to prevent animal cruelty extends beyond domestic fauna to the vulnerable populations of trans-boundary migratory species. On the international stage, the protection of these species is strictly regulated by major Multilateral Environmental Agreements (MEAs) to which Pakistan is a state party. Foremost among these is the Convention on the Conservation of Migratory Species of Wild Animals (CMS or Bonn Convention), which mandates the protection of avian and terrestrial species that predictably cross geopolitical boundaries, alongside the Convention on International Trade in Endangered Species (CITES) and the Ramsar Convention on Wetlands, which safeguards critical stopovers along global migratory routes like the Indus Flyway. The World Migratory Birds day is celebrated biannually on Second Saturday of May and Second Saturday of October every year.
In the Pakistani constitutional context, following the 18th Amendment, the subject of wildlife management stands completely devolved to the provinces. Consequently, the protection of migratory birds and animals against illegal hunting, trapping, and cruel exploitation is governed by a patchwork of territorial statutes—such as the Sindh Wildlife Protection, Preservation, Conservation and Management Act of 2020 , the Balochistan Wildlife Act of 2014 , The Khyber Pakhtunkhwa Wildlife And Biodiversity (Protection, Preservation, Conservation And Management) Act, 2015 , the Punjab Wildlife Protection, Preservation, conservation and Management, (Amendment) Act, 2025 , and the recent Islamabad Nature Conservation and Wildlife Management Act of 2024 . While these modern provincial laws explicitly restrict illicit hunting / shikar, ban mass-capture contrivances (such as snares and nets), and pre-emptive adoption of international treaty appendices into their legislative schedules, a significant enforcement gap still remains to be covered and complied with. The persistence of illegal poaching, habitat encroachment, and high-profile institutional shortcuts—frequently justified under the guise of diplomatic or administrative exemptions—creates a profound dissonance between Pakistan's international legal pledges and its domestic enforcement reality. To truly institutionalize a compassionate ecosystem, Pakistan must align its provincial wildlife mechanisms with the strict anti-cruelty parameters of global jurisprudence, ensuring that international migratory guests receive unyielding protection under the rule of law. Amongst all provincial and ICT laws relating to Wildelife, the KPK enactment is more detailed and also covers the biodiversity projects in connection with wildlife. The need of implementation of the law is still required in practical way.
CONCLUSION: THE PATH TO A COMPASSIONATE PAKISTAN
The plight of animals in Pakistan represents a profound crisis of justice that has long remained unheeded. Bridging the immense chasm between existing legal frameworks and our fundamental moral and religious obligations requires an immediate, multi-faceted paradigm shift:
• Enact Robust, Modern Legislation: The antiquated Prevention of Cruelty to Animals Act of 1890 must be replaced by a comprehensive Animal Welfare Bill covering entire spheres related to not only rights of animals but also regarding migratory birds and animals beyond borders. This modern framework should codify the internationally recognized "Five Freedoms," impose stringent penalties, define cruelty expansively, and establish dedicated enforcement mechanisms—such as specialized animal welfare police units and tribunals.
• Institutionalize Education and Civic Awareness: Principles of animal empathy and welfare should be integrated into national school curricula, reinforced through religious sermons, and amplified via public awareness campaigns. Cultivating empathy from youth and leveraging Islamic teachings on stewardship can fundamentally reshape societal attitudes.
• Ensure Rigorous Enforcement and Judicial Accountability: Law enforcement and the judiciary must be trained to treat animal cruelty as a serious act and must not go unchecked. The systemic reliance on procedural shortcuts that allow offenders to escape accountability must be eradicated through robust oversight and institutional transparency.
By actively protecting the most vulnerable members of its ecosystem—creatures that cannot articulate their own suffering—Pakistan can genuinely fulfill its constitutional promise of justice and its profound religious mandate of mercy. Legislative reform is merely the inception; true transformation requires a revolution in the "Administrative Mindset." The state must move past the clerical lapses and bureaucratic inertia that have historically paralyzed enforcement, adopting instead a conscientious approach to protecting all living beings. Ultimately, the moral fabric of a society is measured by how it treats its most defenseless. By enacting robust laws and ensuring their unyielding implementation, Pakistan can fulfill its international commitments and forge a path toward a genuinely humane, just, and compassionate future for all its inhabitants.
***** E.N.D****
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