Disposed

M/S People for Animals Mysuru Animal Welfare Organisation v. State of Karnataka

Karnataka HC1 Sept 2021WP/10530/2021

Case brief

AI extract

What is this about?

In this PIL, the Karnataka High Court disposed of a petition seeking a ban on bullock cart races. The Court held that races are permissible under the amended PCa Act but must adhere to Supreme Court guidelines ensuring animal welfare, such as prohibiting whipping, veterinary checks, and NGO monitoring.

What did the court decide?

PIL dismissed; authorities permitted to grant race permissions subject to Supreme Court conditions on animal welfare.

M/S People for Animals Mysuru Animal… — Public Procurement and Tenders | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF SEPTEMBER, 2021

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PRESENT

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THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.10530/2021 (GM-RES-PIL)

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BETWEEN

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M/S PEOPLE FOR ANIMALS MYSURU ANIMAL WELFARE ORGANISATION HAVING ITS OFFICE AT SURVEY NO.280, NEAR ROOPA NAGAR BOGADI VILLAGE, MYSORE-570 026 REP BY ITS MANAGING TRUSTEE SMT.SAVITHA NAGABHUSHAN

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... PETITIONER

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(BY SRI ALWYN SEBASTIAN, ADV.)

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AND:

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1 . STATE OF KARNATAKA BY DEPT. OF ANIMAL HUSBANDRY AND FISHERIES NO.405, IV FLOOR VIKASA SOUDHA BENGALURU-560 001 REP BY THE COMMISSIONER

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2 . ANIMAL WELFARE BOARD OF INDIA MINISTRY OF FISHERIES, ANIMAL HUSBANDRY AND DAIRYING NATIONAL INSTITUE OF ANIMAL WELFARE CAMPUS P.O. 42 KM STONE, DELHI - AGRA HIGHWAY NH2 SEEKI VILLAGE, BALLABHAGARH FARIDABAD

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HARYANA-121 004 REP BY THE CHAIRPERSON

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3 . KARNATAKA ANIMAL WELFARE BOARD COMMISSIONERATE OF AH AND VS PASHUPAALANA BHAVANA HEBBALA BENGALURU-50024 REP BY THE MEMBER SECRETARY

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4 . THE TAHSILDAR MANDYA TALUK OFFICE PES COLLEGE CAMPUS MANDYA TALUK MANDYA DISTRICT-571 401

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5 . SUB INSPECTOR OF POLICE KERAGODE POLICE STATION MANDYA - KOPPA ROAD KERAGODU HOBLI MANDYA TALUK-742 792

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6 . DEPUTY COMMISSIONER, MANDYA DC OFFICE MANDYA PARK ROAD, 2, PES COLLEGE CAMPUS MANDYA-571 401

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... RESPONDENTS

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(BY SRI KIRANKUMAR. HCGP FOR R1 AND R4 TO R6 SRI. S.V.GIRIKUMAR, ADV. FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE FOURTH, FIRTH AND SIXTH RESPONDENT TO REFRAIN FROM GRANTING PERMISSIONS TO CONDUCT BULLOCK CART RACES IN MANDYA DISTRICT AND ETC.

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:

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ORDER

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The present public interest litigation is filed by People for Animals Mysuru, an Animal Welfare Organisation, which is engaged in the welfare of animals.

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The present PIL has been praying for the following reliefs:

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(A) Issue a writ in the nature of MANDAMUS directing the Fourth, Fifth and Sixth Respondent to refrain from granting permissions to conduct bullock cart races in Mandya District.

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(B) Issue a writ in the nature of CERTIORARI quashing the Permission letter dated 03.03.2021 issued by the Fourth Respondent at Annexure-B and the Police Notice dated 05.03.2021 issued by the Fifth Respondent at Annexure-C.

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(C) Issue a writ in the nature of MANDAMUS directing the Third Respondent to oversee and monitor all bullock cart/bull races happening in all Districts in the State of Karnataka.

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(D) Declare that bullock cart racing in the State of Karnataka cannot take place without abiding by the PCA Act, 1960 and the Rules.

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(E) Issue a writ in the nature of MANDAMUS directing the Respondents to ensure the implementation of conditions under Rule 8 Performing Animals Registration Rules, 2001 during the bullock cart races.

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(F) Any other order or direction that this court deems fit in the interest of justice and equity.

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The contention of the petitioner is that in the district of Mandya, people are conducting bullock cart races and the bulls are being trained for the race and there is an entry fee for the race as well as prizes for the winners. The petitioner's contention is that action of people in conducting the bullock cart race and action of the authorities in granting permission for such race is violative of statutory provisions as contained under the Prevention of Cruelty to Animals Act, 1960 and no such permission can be granted by the District Magistrate.

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A prayer has been made for issuance of an appropriate writ or order or direction directing respondent Nos. 4, 5 and 6 not to grant any permission to conduct bullock cart races in Mandya District, a prayer has also been made for quashment of permission granted by District Magistrate on 3.3.2021, and a further prayer has also been made for issuance of a direction to respondent No.3 - Karnataka Animal Welfare Board to oversee and monitor all

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bullock cart/bull races happening in all the districts in State of Karnataka.

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The State of Karnataka has filed a reply and it has been stated that Prevention of Cruelty to Animals (Karnataka Second Amendment) Act, 2017 (hereinafter referred to as 'Amendment Act of 2017' for short) was amended and as per Sections 2 and 28A of the Amendment Act of 2017, bullock cart race is now permissible in the State of Karnataka and the same does not amount to an offence under the Amendment Act of 2017. It has also been stated that it is a custom in the State of Karnataka and all the necessary steps are being taken by the State of Karnataka to ensure that animals are not subjected to cruelty. It has also been stated that permission was granted in respect of race which had to be conducted on 07.03.2021. However, keeping in view the Covid-19 pandemic and other factors, the permission was withdrawn.

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Karnataka Act 2 of 2018 i.e. Prevention of Cruelty to Animals (Karnataka Second Amendment) Act, 2017, provides for conducting bullock cart race. The statement of

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objects and reasons to the said Act of 2017 is reproduced as under:

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STATEMENT OF OBJECTS AND REASONS

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Act 02 of 2018 . -The Prevention of Cruelty to Animals Act, 1960 (Central Act 59 of 1960) was enacted to prevent the infliction of unnecessary cruelty and suffering on animals. The Act also recognizes the need to exempt the application of its provisions in certain circumstances.

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Considering the significant role played by the traditional sports event of “Kambala” or “Bulls race” or "Bullock cart race" in preserving and promoting tradition and culture among the people in the State of Karnataka and also considering the vital role of “Kambala” or “Bulls race or "Bullock cart race" in ensuring survival and continuance of native breeds of cattle, the Government of Karnataka have decided to exempt the conduct of “Kambala” or “Bulls race” or "Bullock cart race” in the state.

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Government of India suggested certain modifications in the Karnataka Prevention of Cruelty to Animals (Karnataka Amendment) Bill, 2017 (LA Bill No. 02 of 2017) Government of Karnataka has considered those changes. Accordingly by adopting the changes proposed by Government of India and as the Karnataka State Legislative Assembly was not in session and was not likely to

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meet in the near future, the Hon’ble Governor was pleased to promulgate the Karnataka Prevention of Cruelty to Animals (Karnataka Amendment) Ordinance, 2017 on 20th July, 2017 with previous instructions of the President as required under the proviso to Article 213 of the Constitution.

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This Bill seeks to replace the said ordinance.

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Hence, the Bill.

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[L.A. Bill No.42 of 2017, File No. Samvyashae 42 Shasana 2017] [entry 15 of list-II and entry 17 of list III of the seventh schedule to the Constitution of India.

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The Amendment Act of 2017 came into force on 20.02.2018 and the relevant provision under Section 6 of the Amendment Act of 2017 is reproduced as under:

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6. Amendment of section 27 .- In section 27 of the principal Act, after clause (b), the following shall be inserted, namely:-

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“(c) the conduct of “Kambala” with a view to follow and promote tradition and culture and ensure survival and continuance of native breeds of buffaloes.

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(d) the conduct of “Bulls race or Bullock cart race” with a view to follow and promote

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tradition and culture and ensure survival and continuance of native breeds of cattle.”

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Meaning thereby that the Amendment Act of 2017 does permit holding of the bullock cart races with a view to follow and promote tradition and culture involving the bullocks. The constitutional validity of the Amendment Act of 2017 is not under challenge in the present public interest litigation.

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Another important aspect of the matter is that the Hon'ble Supreme Court while dealing with a similar issue in the case of SECRETARY TO GOVERNMENT ANIMAL HUSBANDRY, DAIRYING AND FISHERIES DEPARTMENT, TAMIL NADU VS. JALLIKATTU PERAVAI AND OTHERS in Transfer Petition No.68/2013, while passing an order on 15.02.2013, has held as under:

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"Heard learned counsel on either side including learned counsel appearing for the State of Maharashtra, who has taken stand that the State Government has no objection in permitting the performance of Bullock/Bullock Cart races in the State of Maharashtra. Learned counsel appearing for the State, however, referred to paragraph 29 of the counter affidavit filed by them, annexed in IA No.3 in SLP(C)No.4598 of

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2013, wherein certain conditions have been enumerated, which, according to the State, have to be followed. We are, therefore, inclined to grant permission to conduct the Bullock/Bullock cart races in the State of Maharashtra subject to the conditions that :

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i) At every event, where bullock cart races are to be held, a separate track for each bullock cart will have to be provided.

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ii) No whipping of the bull would be permitted and the cartman would only be permitted to swirl it in the air and hit it on the ground, but in no manner whatsoever would the cartman be permitted to whip the bull or induce pain or cause any injury while conducting bullock cart races.

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iii) A veterinary Doctor who is attached to the village Dispensary shall first inspect all the bulls that participate in the bullock cart races to ensure that they are in good physical condition and they are not intoxicated and that there is no application of chilly powder or mud to the genitals of the bull to make it more aggressive or ferocious, so that it runs at a faster speed. In the event of any unfortunate injury that may occur to a bull during the race, immediate adequate medical facility would be provided by the Veterinary Doctor.

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iv) In the even of any bull is subjected to cruelty by any person or persons during the bullock cart races,

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penal action would be initiated against him/them under the Prevention of Animal Cruelties Act, 1960.

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The Veterinary Doctor in association with NGOs espousing the cause of animal welfare would video graph the bullock cart races from vintage position so as to enable the authorities to find out that there is an infraction of law or of the aforesaid guidelines during the course of the races.

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vi) If the Committee to Monitor Animal Welfare Laws in Maharashtra constituted by the High Court desires to video graph the bullock cart races, then they would be entitled to do so and necessary safeguards and assistance would be provided to them by the Government.

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vii) Any organization seeking to conduct bullock cart races would have to inform the District administration/District Collector and the concerned police station in writing at least ten days prior to holding of such race, which in turn would immediately intimate the same to the said Committee.

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We are inclined to further direct that the District administration shall take all precautions to ensure that the animals are not tortured or subjected to cruel treatment. They shall also take necessary steps for the safety of the spectators and participants. The District Collector will give due intimation to the aforesaid Committee. The Collector shall ensure that the aforesaid conditions imposed in regard to

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participation of the animals shall be implemented and followed. The District Collector will submit Report within three weeks after completion of the Festival events.

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With the aforesaid directions, the interlocutory applications stand disposed of.

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The Hon'ble Supreme Court, while granting permission to conduct bullock/bullock cart races in the State of Maharastra, has laid down certain parameters. The parameters imposed by the Hon'ble Supreme Court in the case of bullock/bullock cart race are required to be enforced in the State of Karnataka also. Therefore, this Court is of the opinion that the State of Karnataka can certainly accord permission for holding bullock cart races subject to the aforesaid terms and conditions which have been laid down by the Hon'ble Supreme Court in case of SHIVAJIRAO ADHALRAO PATIL Vs. STATE OF MAHARASTRA , which was the case clubbed along with Jallikattu's case (supra), no further orders are required as the said conditions already in existence under the statutory provisions in the State of Karnataka for grant of permission for holding the bullock cart race. The State of Karnataka shall certainly be free to accord

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permission in accordance with keeping in view of the order passed by the Hon'ble Supreme Court.

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