Madras High Court
J.Jayapal vs The Superintendent Of Police on 17 February, 2021
WP(MD)No.19900 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
WP(MD)No.19900 of 2020
J.Jayapal ... Petitioner
Vs.
1.The Superintendent of Police,
Theni District,
Theni.
2.The Inspector of Police,
Thevaram Police Station,
Theni District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue Writ of Certiorarified Mandamus to call for the records
pertaining to the impugned orders passed by the second respondent dated
19.12.2020 and quash the same and direct the respondents to grant
permission and provide adequate police protection to conduct Double
Bullock Cart Race at Thevaram Village, Theni District.
For Petitioner :Mr.A.Arputharaj
For Respondents :Mr.R.Saravanakumar
Government Advocate (Criminal Side)
ORDER
The present petition is filed seeking to quash the proceedings
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WP(MD)No.19900 of 2020
dated 19.12.2020 of second respondent and consequently, to grant
permission and adequate police protection to conduct Bullock Cart Race
in connection with Pongal festival at Thevaram Village, Theni District.
2.A Division Bench of this Court in K.Ganesan Vs.,
Superintendent of Police and others reported in 2017 SCC Online Mad
3085 has held as follows:
"4.Bulls are basically Draught and Pack animals.
This has been statutorily recognised in the Prevention of
Cruelty to Draught and Pack Animals Rules, 1965. Draught
means an animal used for pulling heavy loads. Since, bulls
have a large abdomen and thorax and the entire body has a
resemblance of a barrel shape, the ability to run is limited.
Bulls are cloven footed (two digits) animals and two digits in
each leg can comfortably bear weight only when they are
walking and not running. Anatomically bulls are not meant to
take part in racing. That is why, Rule 11 of Prevention of
Cruelty to Animals (Transportation of Animals on Foot) Rules,
2001 states that no person shall use a whip or a stick in order
to force the animal to walk or to hasten the pace of their walk.
This Court can take judicial notice of the fact that various
kinds of physical torture are inflicted on bulls in order to make
them run. For instance, they are poked with nail- studded
sticks during the races. Powders that have a burning effect are
applied on their private parts. They are subjected to extreme
trauma.
5.Article 51 A(g) mandates that it shall be the duty
of every citizen of India to have compassion for living
creatures. Section 3 of Prevention of Cruelty of Animal Act,
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WP(MD)No.19900 of 2020
1960 states that it shall be the duty of every person having the
care or charge of any animal to take all reasonable measures
to ensure the well-being of such animal and to prevent the
infliction upon such animal of unnecessary pain or
suffering. Section 11(1) the Act penalises any person, who
beats, kicks, overrides, overdrives,, tortures or otherwise treats
any animal so as to subject it to unnecessary pain or suffering.
It cannot be disputed that in a bullock cart race, the animal
would be beaten, kicked, overridden, over driven and tortured.
In exercise of the jurisdiction under Article 226 of the
Constitution of India, this Court cannot grant permission to do
an act that is amounting to an offence.
6.The decision of the Hon'ble Supreme Court of
India reported in 2014(7) SCC 547 (Animal Welfare Board of
India V. Nagaraja) deserves to be taken note of at this
juncture. The Apex Court has noted the paredigm shift from
anthropocentrism to ecocentrism. Animal rights and welfare
have now gained recognition internationally. The said
judgment points out that every species has a right to life and
security. Article 21 of the Constitution of India has been
expansively interpreted so as to include even animal life. Life
means something more than mere survival. Animals' well being
and welfare have been statutorily recognized under Sections
3 and 11 of the Act and the rights framed under the Act. The
right to dignity and fair treatment is confined not only to
human beings alone, but, also extended to animals as well. The
right not to be beaten, kicked, over ridden or over loaded is
also a right recognised by Section 11 read with Section 3 of
the Act. The Honourable Supreme Court has also held that
bulls race causes considerable pain, stress and strain on the
bulls."
R.HEMALATHA, J.
rmk
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WP(MD)No.19900 of 2020
3.In view of the clear decision made by the Division Bench of
this Court that the Bullock Cart Race cannot be permitted to be
conducted, the present Writ Petition is dismissed. No costs.
17.02.2021
rmk
Index : Yes/No
Internet: Yes
Speaking/Non-Speaking order
Note: In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Superintendent of Police,
Theni District,
Theni.
2.The Inspector of Police,
Thevaram Police Station,
Theni District.
WP(MD)No.19900 of 2020
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