The Bombay High Court on Wednesday restrained the Maharashtra government from granting permission to bullock cart races since the State has not framed rules as envisaged in the amendment to the Prevention of Cruelty to Animals Act.
A Division Bench of Chief Justice Manjulla Chellur and Justice N.M. Jamdar was hearing a public interest litigation filed by Pune resident Ajay Marathe, bringing to the court’s notice that a bullock cart race has been scheduled in his district for Thursday. Seeking a stay, the petition said that the government is required to ensure that no cruelty is meted to bullocks.
Chief Justice Chellur said, “Till the rules are framed, the State cannot grant permission. Even if and after the rules are framed, we would first go through them and only after our nod, races would be permitted.”
She also said that the State is obligated to evolve a mechanism on how it proposes to ensure that no harm or suffering is caused to the animals.
Government pleader Abhinandan Vagyani told the court that the draft rules are ready and have been uploaded on the government website for inviting suggestions and objections from persons concerned.
The Bench directed the government to file an affidavit within two weeks in response to the petition.
After perusing the order passed by the Supreme Court in the Jallikattu matter, Chief Justice Chellur said, “It is clear from the apex court order that bulls cannot be viewed as performing animals since they are not anatomically designed for that purpose. They are not horses.”
The petitioner informed the court that under the amended Act, anyone found to be harming the animals would face a sentence of maximum three years or a fine of ₹5 lakh.
The Assembly had in April passed a legislation for resumption of bullock cart races, after Tamil Nadu enacted a law to regularise Jallikattu.
The Prevention of Cruelty to Animals (Maharashtra Amendment) Bill would regularise the bullock cart race, which had been banned in 2014 on the ground that it caused pain and suffering to animals.
Animal Husbandry Minister Mahadev Jankar had then said that the amendment was being made in view of the role of bullock cart races in preserving tradition and culture.
