Kerala High Court

Arshid K.L vs State Of Kerala on 26 August, 2022

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                        &
                     THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
              Friday, the 26th day of August 2022 / 4th Bhadra, 1944
                            WP(C) NO. 27597 OF 2022(S)

PETITIONER:

      ARSHID K.L.,KUNNUMPURATH HOUSE, PALLICKALP.O.,THIRUVANANTHAPURAM,695604

RESPONDENTS:

      1.STATE OF KERALA,REPRESENTED BY ITS PRINCIPAL SECRETARY,

        AGRICULTURE(ANIMAL PROTECTION-F) DEPARTMENT,

        GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM,695001

      2.THE DISTRICT COLLECTOR,CIVIL STATION ROAD,KOLLAM,PIN 691013

      3.THE STATION HOUSE OFFICER,PARIPPALLY POLICE STATION,

        KOLLAM DISTRICT,691574

      4.THE SUPERINTENDENT OF POLICE,LINK ROAD,KOLLAM-691001

      5.THE SECRETARY,ANIMAL WELFARE BOARD OF INDIA,

        C/O.NATIONAL INSTITUTE OF ANIMAL WELFARE CAMPUS,P.O,

        42KSTONE,DELHI-AGRA HIGHWAY,NH-2,VILLAGE-SEEKRIBALLABHAGARH,

        FARIDABAD,HARYANA-121004

      6.CATTLE WELFARE ASSOCIATION,REG.NO.Q-356/10,

        OYOOR P.O.,KOLLAM,691510,REPRESENTED BY ITS SECRETARY

       Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be pleased
to direct the respondents 2 to 4 to take necessary action to restrict the 6th
respondent or their men from conducting kalappoottu/kannupoottu/maramadi or
any such activities pursuant to Exhibit P1 and P4 notices pending disposal of
the above writ petition.

      This petition coming on for admission upon perusing the petition and the
affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.L.RAM MOHAN & M.AUBREY ABRAHAM ISAAC, Advocates for the
petitioners,SRI.V.TEK CHAND,SENIOR GOVERNMENT PLEADER for R1-R4 and of
SMT.M.U.VIJAYALAKSHMY for R5 the court passed the following:
               APPENDIX OF WPC 27597/2022(S)

EXHIBIT P1 : TRUE COPY OF THE NOTICE ALONG WITH ENGLISH TRANSLATION

EXHIBIT P2:   TRUE COPY OF THE CIRCULAR DATED 17.1.15

              ALONG WITH ENGLISH TRANSLATION

EXHIBIT P3:   TRUE COPY OF THE CENTRAL GOVERNMENT

              NOTIFICATION DATED 7.1.16

EXHIBIT P4:   COPY OF THE NOTICE DATED 28.7.22 ISSUED BY

              6TH RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION

EXHIBIT P5:   TRUE COPY OF COMPLAINT BEFORE THE 2ND RESPONDENT

              ALONG WITH ITS ENGLISH TRANSLATION

EXHIBIT P6: TRUE COPY OF COMPLAINT BEFORE THE 3RD RESPONDENT

              ALONG WITH ITS ENGLISH TRANSLATION

EXHIBIT P7: TRUE COPY OF COMPLAINT BEFORE THE 4TH RESPONDENT

              ALONG WITH ITS ENGLISH TRANSLATION

EXHIBIT P8: TRUE COPY OF THE JUDGMENT DATED 17.8.22 IN WP 21681/22
                              S. MANIKUMAR, CJ
                                           &
                              SHAJI P. CHALY, J
                    -----------------------------------------------
                      W.P(C). No. 27597 of 2022 (S)
                     ----------------------------------------------
                 Dated this the 26th day of August, 2022

                                   ORDER

S. Manikumar, CJ.

Instant public interest litigation is filed for the following

reliefs:

"a) Issue a wit of mandamus /direction or order directing the respondents 2 to 4 to restrict the 6 th respondent or their men from Conducting KalapoottU/ Kannupoottu/ Maramadi/ or any such activities in the light of Hon'ble Supreme court and High court judgments reported in 2014[7) SCC547] & Cattle Race club of India, Palakkadu others V/s State of Kerala & others 2015(3) KHC 114 and Exhibits P2, P3 and P8 also

b) Declare that Kalapoottu/ Kannupoottu/ Maramadi/or any such activities by the 6th respondent is illegal and would amount to cruelty against animals

c) Issue a writ of mandamus /direction or order directing the respondents 2 to 4 take immediate action on Exhibits P5, P6 and P7 complaints forthwith"

2. Averments in support of the prayers are reproduced:

2.1 It is further submitted that the Hon'ble Supreme court

banned the Jallikkkatu or Bullock cartrace by upholding the W.P©.27597/2022

Central Government notification dated 11/07/11 in Animal

Welfare Board India V /s Nagaraja reported in 2014(7) SCC547.

This court in Cattle Race Club of India, Palakkadu & others V/s

State of Kerala & others reported in 2015 (3)KHC 114

reiterated the same. The State of Kerala represented by the

Principal Secretary, Agricultural (Animal Protection-F)

Department/1st respondent also issued circular on this issue

based on the apex court judgment.

2.2. It is also pertinent to note that the Cattle Welfare

Association, Kollam/6th respondent is not registered with the

Animal Welfare Board of India/5th respondent and nothing but a

letter head organization which has got no right to conduct any

such activities exhibiting the bull as a performing animal. 6 th

respondent has not obtained any prior permission from the

District Collector, Kollam/2nd respondent also. Now the 6th

respondent issued a notice in their letter head stating that

Maramdimalsaram is going to be conducted on 28/8/22.

2.3. On getting information about the same petitioner

along with people having similar interest submitted a complaint

before the 2nd respondent. But no action has been taken to W.P©.27597/2022

prevent the illegal activity and in complying the apex court

judgment.

3. Reliance is placed on the circular Exhibit P2 dated

17.1.2015, which is reproduced:

KERALA GOVERNMENT Agriculture (Animal Protection-F) Department 5460 AHF-2 2/13AD Thiruvananthapuram, Date 17-1-15 CIRCULAR Subject:- Agriculture (Animal Protection-F) Department - Related to Prevention of cruelty against animals.

Government have received complaints regarding the conduction of bull race/KannupoottuMaramadi/ploughing competitions in violation of Prevention of cruelties to Animal's Act 1960 and notification dated 11/7/2011 GSR 528(E) issued by the Central Enviornmental and Forest Department.

As per the aforesaid notification the exhibition or trained as performing animals of the following animals bears, monkeys, tigers, panthers, lions and bull are illegal. Moreover, Jallikkattu or Bullock cart race are banned in Animal welfare board India v.Ngaraja in SLP Civil No.11686/2007.

Moreover by virtue of aforementioned law and Supreme Court judgment unnecessary causing pain and hardship to animals are punishable.

Under such circumstances causing unnecessary pain and hardship to the animals in violation of notification dated 11.7.2011 GSR 528(E) issued by the Central Enviornmental W.P©.27597/2022

and as per the aforesaid law shall be prevented and on coming notice of such things the officers concerned shall take action as per law.

Subratho Bisawas Principle Secretary"

4. Attention of this Court is also invited to Exhibit P3

notification dated 7.1.2016 issued by the Special Secretary,

Ministry of Environment Forest and Climate to contend that only

bullock cart race was permitted by the said notification and not

bull race. Notification dated 7.1.2016 is reproduced:

"MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE NOTIFICATION NEW DELHI, the 7th January, 2016 G.S.R.13(E) - In exercise of the powers conferred by Section 22 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), and in supersession of the notification of the Governmentof India in the Ministry of Environment and Forest, Government of India number G.S.R.528(E), dated the 11th July, 2011 except as respects things done or omitted to be done before such supersession, the Central Government, hereby specifies that the following animals shall not be exhibited or trained as performing animals, with effect from the date of publication of this notification, namely:-

1. Bears

2. Monkeys

3. Tigers

4. Panthers W.P©.27597/2022

5. Lions

6. Bulls Provided that bulls may be continue to be exhibited or trained as a performing animal, at events such as Jallikattu in Tamil Nadu and bullock cart races in Maharashtra, Karnataka, Punjab, Haryana, Kerala and Gujarat in the manner by the customs of any community or practiced traditionally under the customs or as a part of culture, in any part of the country subject to the following conditions, namely:-

(i) such event shall take place in any District where it is being traditionally held annually, at such place explicitly permitted by the District Collector or the District Magistrate;

(ii) bullock cart race shall be organised on a proper track, which shall not exceed two kilometers. In case of Jallikattu, the moment the bull leaves the enclosure, it shall be tamed within a radial distance of 15 metre;

(iii) ensure that the bulls are put to proper testing by the authorities of the Animal Husbandry and Veterinary Department to ensure that they are in good physical condition to participate in the event ad performance enhancement drugs are not administered to the bulls in any form; and

(iv) ensure that the rights conferred upon the animals under Section 3 and clause (a) and clause (m) of sub-

section (1) of Section 11 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960) and five freedoms declared by the Hon'ble Supreme Court in its order W.P©.27597/2022

dated 7th May, 2014 in Civil Appeal No.5387 of 2014 are fully protected during such events;

Provided further that any event of Jallikattu or bullock cart races so organised shall be held with the prior approval of the District Authorities concerned;

Provided also further that the Jallikattu or bullock cart races so organised shall be duly monitored by the District Society for Prevention of Cruelty to Animals and State Animal Welfare Board or the District Authorities as the case may be, ensuring that no unnecessary pain or suffering is inflicted or caused, in any manner, whatsoever, during the course of such events, or in preparation thereof.

HEM PANDE, Special Secy."

5. Attention of this Court is also invited to Exhibit P4 notice

issued by the Cattle Welfare Association, Kollam represented by

its Secretary/respondent No.6, requesting the bull owners to

attend the competition on 28.8.2022 Sunday, at 9 a.m. for bull

race.

6. Attention of this Court is also invited to Exhibit P5, a

complaint given to the District Collector, Kollam against the

conduct of the competition in violation of the judgments of the

Hon'ble Supreme Court and High Court.

7. Exhibit P6 is a similar complaint addressed to the Station

House Officer, Parippally Police Station, Kollam/respondent No.3 W.P©.27597/2022

and Exhibit P7 is the complaint given to the Superintendent of

Police, Kollam, respondent No.4.

8. That apart, attention of this Court is also invited to

decision of this Court in Cattle Race Club of India, Palakkad and

Others v. State of Kerala and Others [2015 (3) KHC 114],

where in at paragraph 14, it is held thus:

"14. The conclusions made by the Court, with the declaration and directions are discernible from 'paragraph 77' of the decision in Animal Welfare Board of India vs. Nagaraja [2014(2) KLT 717(SC)] are as given below:

"77. we, therefore hold that , AWBI is right in its stand that Jallikattu, Bullock-cart race and such events per se violate S.3, 11(1)(a) and 11(1)(m) (ii) of PCA Act and hence we uphold the notification dated 11.7.2011 issued by the central government, consequently, bulls cannot be used as performing animals either for the , Jallikattu events or Bullock-Cart races in the state of Tamil Nadu, Maharashtra or elsewhere in the country. we, therefore make the following declarations and directions: (1) We declare that the rights guaranteed to the bulls under S.3 and 11 of PCA Act read with Articles 51a(g) & (h) are cannot be taken away or curtailed, except under S.11(3) and 28 of PCA Act.

(2) We declare that the five freedoms, referred to earlier be read into S.3 and 11 of PCA Act, be protected and safeguarded by the States, Central Government, Union Territories , MoEF and AWBI.

W.P©.27597/2022

(3) AWBI and Governments are directed to take appropriate steps to see that the persons in charge or care of animals, take reasonable measures to ensure the well being of animals

(4) AWBI and Governments are directed to take steps to prevent the infliction of unnecessary pain or suffering on the animals since their rights have been statutorily protected under S.3 and 11 of PCA Act.

(5) AWBI is also directed to ensure that the provisions of S.11(1)(m)(ii) scrupulously followed , meaning thereby that the person in charge or care of the animal shall not incite any animal to fight against a human being or another animal .

(6) AWBI and Governments would also see that even in cases where S.11(3) is involved the animals, be not put to unnecessary pain and suffering and adequate and scientific methods be adopted to achieve the same.

(7) AWBI and Governments should take steps to impart education in relation to human treatment of animals in accordance with S9(k) inculcating the spirit of Articles 51a(g) & (h) of the Constitution.

(8) Parliament is expected to make proper amendment of the PAC Act to provide an effective deterrent to achieve the object and purpose of the Act and for violation of S.11, adequate penalties and punishments should be imposed .

(9) parliament, it is expected would elevate rights, of animals to that of constitutional rights, as done by many of the countries around the world so as to protect their dignity and honour .

W.P©.27597/2022

(10) the governments would see that if the provisions of the PAC Act and the declarations and the directions issued by this court are not properly and effectively complied with, disciplinary action be taken against the erring officials so that the purpose and object of PAC Act could be achieved . (11) TNRJ Act is found repugnant to PAC Act, which is a welfare legislation, hence held constitutionally void being violative or art.254(1) of the Constitution of India.

(12) AWBI is directed to take effective and speedy steps to implement the provisions of PAC Act in consultation with SPCA and make periodical reports to the governments and if any violation is noticed, the governments should take steps to remedy the same including appropriate follow up action ."

9. When the matter came up for admission, having gone

through the averments and the material documents stated

supra, and also of the fact that the competitions are scheduled

on 28.8.2022 Sunday at 9 a.m. and subsequent dates, we directed

the learned Senior Government Pleader, who took notice on

behalf of respondents 1 to 4 to get instructions from the

concerned respondents to whom representation have been

submitted.

10. Reverting, Mr. V. Tekchand, learned Senior

Government Pleader submitted that taking note of the decisions

stated supra, the District Collector, Kollam, respondent No.2 has

issued proceedings No.DCKLM/9832/2022-M3 dated 26.8.2022,

prohibiting bull race as well as bull race competition and directed

all the responsible authorities to ensure that the order of the

District Collector is implemented without fail.

11. Translated version of the document is reproduced:

Proceedings of the District Collector & District

Magistrate, Kollam

(Present Afsana Perween I.A.S)

DCKLM/9832/2022-M3 Dated 26-

08-2022

Subject: Animal Protection-Stringent implementation of prohibition regarding amusement activities involving cruelty to animals such as Kaala Poottu (Bull Race) etc. within the District Reg.

Reference: 1. Orders of the Hon'ble the Supreme Court in C.A. No .5387/2014 & SLP Civil No. 11686/2007.

2. Order dated 14/11/2014 of the Hon'ble High Court of Kerala in WPC 25231/2014.

3. Circular No.5460 AHF 2/13 AD of Animal Husbandry Department (F).

4. Letter dated 11/08/2022 of Member of Kerala State Animal Welfare Board.

As per the judgments of Hon'ble Supreme Court and High Court of Kerala cited as Reference (1) & (2), cruelty to animals, Kalapoottu (Bull-cart races), Maramadi (one kind of cattle race) are absolutely prohibited. With W.P©.27597/2022

respect to implementation of aforementioned judgments, State Government has issued a Circular cited as Reference (3).

A petition cited as Reference (4) has been received in this Office for prohibiting the Maramadi Mahotsav illegally organized to conduct at Chirakkara Village, Kollam District on 28-08-2002 while the prohibitory orders of the Hon'ble Courts are still in force.

Aforementioned judgments of the Hon'ble Supreme Court and High Court of Kerala and the directions issued by the Government shall be implemented strictly. In said circumstances, as per Ss. 3 & 11 of Prevention of Cruelty to Animals Act 1960 and in the lights of the aforementioned judgments, the Authorities Concerned shall take imminent actions for the strict implementation of prohibition regarding the all kind of races using bulls and buffaloes ie. Kalapoottu (Bull-cart races), Kannupoottu (one kind of cattle race) and Maramadi (one kind of cattle race) within the Kollam District also and actions shall be taken against the violators of the law as per Rules.

AFSANA PERWEEN IAS

District Collector & District Magistrate, Kollam"

12. Having regard to the fact that the District Collector,

Kollam has already issued direction to prohibit the said event, we

only observe that the said order should be implemented in letter

and spirit by respondent 2 to 4 and and all other authorities.

13. Ms. M.U. Vijayalakshmi takes notice on behalf of the

Secretary, Animal Welfare Board of India, respondent No.5. Issue

notice to Cattle Welfare Association, respondent No.6,

returnable after three weeks.

14. Mr. V. Tekchand, learned Senior Government Pleader is

directed to communicate the orders of this Court forthwith to