Munmun Kaur-
Published On: December 17, 2021 at 17:00 IST
Supreme Court gave approval for resumption of bullock cart races in Maharashtra. Earlier, Maharashtra Government came up with an Amendment with rules to conduct bullock cart racing under the monitoring of the district collector and a veterinary doctor. (Landmark Judgements on Environmental Law)
This Amendment was enacted to overcoming the hurdles imposed by the Prevention of Cruelty to Animals Act, 1960.
In 2017, the Bombay High Court had refused to lift the ban following the Supreme Court Judgement from 2014 which prohibited the use of bulls for any sport or race.
Senior Advocate Mukul Rohatgi appearing for Maharashtra had argued that the bullock cart races recognized by different names were allowed in Tamil Nadu and Karnataka under similar State Laws but they were not stayed by the Apex Court when separate Petitions challenging such Laws were filed.
The Bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar observed, “It does not appeal to common sense that all across the country, bullock cart race is permitted but not in one state. This Court had applied its mind to these Laws while referring the matter to the Constitution bench….We are on a limited issue whether to stop the race across the country or permit it for Maharashtra as well.”
The Bench while setting aside the High Court’s Judgement observed that unless there are some changed circumstances, there was no reason as to why similar treatment should not be provided to all the States with similar Amendments.
Various NGOs opposed this application by the State, Senior Advocate Anand Groverrepresenting one of those NGOs argued that 2014 Supreme Court’s Judgement laid down bullock cart races to be Illegal and the State Laws do not overcome the Unconstitutionality imposed by the Judgement.
The Court observed, “The validity of the Amended provision of the Prevention of Cruelty to Animals Act, 1960 and the rules framed thereunder by the state of Maharashtra would operate during the pendency of the Writ Petition, as the entire matter has been referred to the Constitution Bench, including to consider the question as to whether the similar Amended Act of the state of Tamil Nadu overcomes the defects pointed out in the two Judgments of this Court”
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