The Centre on Friday supported the cause of having Kambala races in Karnataka, provided steps are taken to avoid cruelty to the participating bulls.
“Unless cruelty is involved, Kambala should be permitted,” Attorney General K.K. Venugopal told a three-judge Bench led by Chief Justice of India Dipak Misra.
When asked why the Karnataka government is “so bothered” about Kambala that it has to promulgate an ordinance, Mr. Venugopal said “all State governments have to appease popular sentiments”.
The AG invited the court to lay down objective conditions so that there is no unnecessary pain or suffering caused to the bulls.
Appearing for Karnataka, advocate Devdutt Kamat described Kambala, in which two bullocks are tied to a plough and raced through slush tracks, is a “cultural and historical” sport conducted between November and March when the fields are empty. It has been held for centuries. Whips are not used on the animals. A special breed of bulls is used for Kambala races. Mr. Kamat submitted that a notification has already been issued listing a number of stringent conditions to prevent cruelty to animals during the events.
However, the Supreme Court found it suspect that the Karnataka government promulgated an ordinance allowing the Kambala race shortly after the President refused assent to a State Bill permitting the races in the State.
“A Bill is enacted by the State legislature, but is sent back by the President without his assent. Then an ordinance is made on the same lines as the Bill. Ordinance-making powers of the State can never be on parallel with legislative powers,” Justice D.Y. Chandrachud orally observed.
People for Ethical Treatment of Animals (PETA), which has moved the Supreme Court, said the President refused his assent to the Prevention of Cruelty to Animals (Karnataka Amendment) Bill of 2017, reportedly in May. The State government had then promulgated the Prevention of Cruelty to Animals (Karnataka Amendment) Ordinance of 2017 in July. Senior advocate Siddharth Luthra, for PETA, said the provisions in the Bill and the ordinance were the same, “word-to-word”.
PETA said the ordinance violates the Animal Welfare Board of India versus A. Nagaraja verdict of the Supreme Court which made illegal any practice or activity inflicting bovine animals with unnecessary pain and suffering as "inherent cruelty".
Justice Chandrachud asked the Karnataka lawyers, "By issuing the ordinance are you trying to escape the requirement of Presidential consent to laws?"
“Can we have that kind of ordinance-making powers with a State?” Chief Justice Misra asked Mr. Venugopal.
Mr. Venugopal responded that the President had refused consent on the basis of some “problems” with the Bill, which was subsequently remedied, following which, an ordinance was promulgated.
The court posted the case for further hearing on November 20.
