A public interest litigation was filed in the Supreme Court seeking an interim order, directing the Inspector General of Police and relevant authorities to take immediate measures to prevent the killing, murder, maiming, abusing or any other cruelty against dogs and cats.
Twenty nine individuals including 25 Buddhist monks filed this fundamental rights petition through President’s Counsel Sanjeewa Jayawardena with counsel Charitha Rupasinghe and counsel Sandamali Chandrasekara.
The petitioners had cited the Inspector General of Police, Vice Chancellor of the Jayawardenapura University and 36 other parties as respondents.
When the petition came up before Supreme Court three-judge-bench comprising Chief Justice Priyasath Dep, Justice Upaly Abeyratne and Justice Anil Gooneratne, the matter was fixed for support on September 12.
The petitioners stated that there has been an exponential, proliferation of the killing of dogs, within state institutions, public property, streets and other public places, under the control, supervision and over-arching administration of state and executive functionaries, which has reached alarming and chilling proportions, and which has resulted in a massive, concerted public outcry and public outburst against such unmitigated brutality, and inhumanenes.
The Petitioners stated that as Sri Lanka is a majority Buddhist country which includes a constitutional guarantee of Buddhism being given the foremost place, the term Ahimsa, the fundamental Sanskrit term meaning non harm, which is a simplified term encapsulating the aforesaid quote, is accepted as being one of the corner stone of Buddhism, and its significance is clearly demonstrated by the principle of refraining from killing expounded by the Buddha as the very first precept.
Ahimsa is a rule of conduct that prohibits the killing or injuring of all living beings. It is closely connected with the idea that all kinds of violence bring about negative karmic consequences and Buddhists have always condemned the killing of all living beings. Therefore, actions which result in the taking of life, directly or indirectly, contradicts this basic Buddhist precept, the petitioners added.
For instance, as recently as 15.07.2017, the petitioners are aware that the dogs and cats living within the premises of the Moratuwa University were poisoned (overdosed) and killed (by the illegal administration of Ketamine).
The Petitioners state that there is ample video evidence, depicting in the most graphic and disgusting and revolting manner, dogs bloated and suffering prior to dying. Furthermore, there is evidence that the dogs were brutally assaulted in the process.
The petitioners state that it is in these circumstances, especially in view of the horrendous series of killing of dogs that have been occurring recently, with frequency, notwithstanding the cabinet paper of the 5th respondent and the cabinet approval thereon, in violation that the Petitioners fear that seizure and killing dogs and/or pinioning and killing dogs and/or other cruel and inhumane practices, which cause the death and/or utterly unwarranted pain or suffering to dogs on a mass scale, urgent intervention in needed, given the authorities looking askance or even giving their indirect blessings to this despicable phenomenon.
The petitioners further an order directing the respondents to forthwith take all such measures to ensure that the provisions of the Prevention of Cruelty to Animals Ordinance.