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Environmental Law in Pakistan - IUCN

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hunt<strong>in</strong>g restrictions are placed on each, and scattered throughoutthe text of the ord<strong>in</strong>ance. It is not an offence to kill or capture a wildanimal by any means <strong>in</strong> self-defence, to protect the life of another,or to protect stand<strong>in</strong>g crops or livestock (Section 19). In addition,the federal government may grant exemptions generally (Section6), and allow the kill<strong>in</strong>g and captur<strong>in</strong>g of wild animals for “public orscientific purposes” (Section 39). At the same time, officersauthorised by the federal government are empowered to issuelicenses permitt<strong>in</strong>g the use of hawks or dogs for cours<strong>in</strong>g gameanimals (Section 7), and to issue dealers’ permits authoris<strong>in</strong>g trade<strong>in</strong> wild animals and trophies (Section 14).The 1979 ord<strong>in</strong>ance also allows for the establishment of wildlifesanctuaries, game reserves and private game reserves.The federal government has the power to make rules and todelegate its powers. Authorised officers may arrest and prosecuteoffenders. Violation of the provisions of this ord<strong>in</strong>ance constitutesa crim<strong>in</strong>al offence punishable with imprisonment and/or a f<strong>in</strong>e.5.1.4.2 Wild Birds andAnimals ProtectionAct 1912This act operates as a prov<strong>in</strong>cial law but today applies only to theprov<strong>in</strong>ce of Balochistan. It was repealed <strong>in</strong> its application to theNWFP, the Punjab and S<strong>in</strong>dh, as well as the Northern Areas, by theWest <strong>Pakistan</strong> Wildlife Protection Ord<strong>in</strong>ance 1959, which <strong>in</strong> turnhas been repealed by subsequent prov<strong>in</strong>cial legislation.5.1.4.3 Prevention ofCruelty to AnimalsAct 1890This act, which operates as a prov<strong>in</strong>cial law and <strong>in</strong> any casedelegates all powers under it to prov<strong>in</strong>cial governments, applies to“domestic or captured” animals (Section 2(1)). The law does notdef<strong>in</strong>e the term domestic animals but the subject matter dealsprimarily with livestock and draught animals. There is, however,noth<strong>in</strong>g <strong>in</strong> the law to exclude pets, zoo animals or laboratoryanimals from its ambit, <strong>in</strong>clud<strong>in</strong>g “exotic” species which may bethreatened or endangered and are thus also covered by theprovisions of CITES. Similarly, Section 6C, which prohibits animalfights and bait<strong>in</strong>g except under specified conditions, suggests thatthe protection clauses of this law cover other animals besideslivestock.5.1.4.4 Elephants’Preservation Act 1879Prov<strong>in</strong>cial governments have the power to make rules <strong>in</strong> a numberof areas, <strong>in</strong>clud<strong>in</strong>g the maximum permissible load carried or drawnby draught animals and their liv<strong>in</strong>g conditions. The law prohibits theuse of a bit or harness <strong>in</strong>volv<strong>in</strong>g cruelty. It is an offence to subjectan animal to unnecessary pa<strong>in</strong> and suffer<strong>in</strong>g, to starve an animaland to abandon an animal under conditions that render it likely tosuffer from starvation or thirst. It is an offence to kill an animal <strong>in</strong> an“unnecessarily cruel” manner (Section 5).This act operates as a prov<strong>in</strong>cial law and has been repealed <strong>in</strong> thePunjab as well as the Islamabad Capital Territory. It governs thecapture or kill<strong>in</strong>g of elephants and the tak<strong>in</strong>g of ivory, and requires05NaturalResources37<strong>Environmental</strong><strong>Law</strong> <strong>in</strong> <strong>Pakistan</strong>Federal

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