New Delhi: The Supreme Court on Thursday paved the way for resumption of bullock cart race in Maharashtra after four years, observing that the traditional sport is going on in other states across the country and there has to be “uniformity” in this.
The apex court observed that validity of provisions of the state amendment in the Prevention of Cruelty to Animals Act, 1960, and the Rules framed by Maharashtra, which re-introduced the bullock cart race in the state in a regulated manner, ought to operate during the pendency of the writ petition.
A bench headed by Justice A M Khanwilkar said that matter related to similar amendments made by Tamil Nadu and Karnataka has been referred to the constitution bench, including to consider the question whether the amendment Act of Tamil Nadu overcomes the defects pointed out in the two judgments delivered by the top court.
The bench noted that no interim relief was granted in the pleas filed before the apex court challenging the validity of the state amendments of Tamil Nadu and Karnataka in this regard despite the matter being fully heard and later referred to the constitution bench.
“Therefore, the same dispensation must apply to the amended provisions as applicable to the state of Maharashtra which are similar to the amendments carried out by the other two states,” said the bench, also comprising justices Dinesh Maheshwari and C T Ravikumar.
It said similar questions would arise in the Maharashtra matter and thus, the petitions be heard along with those pertaining to the states of Tamil Nadu and Karnataka.
“In other words, prayer for interim relief in all the writ petitions stands answered and need not be renewed before this court unless there is changed circumstance,” it said.
“It will be open to the parties to request the Chief Justice of India for listing of the main matters referred to constitution bench,” the apex court said.
The bench observed that no interim relief was granted earlier by the top court on the petitions challenging the validity of similar state amendments of Tamil Nadu and Karnataka where such races are going on.
“It is a traditional sport and it is going on for several years,” the bench orally observed during the hearing.
“If it is a traditional sport and going on all across the country, except Maharashtra, it does not appeal to common sense,” the bench orally said, adding, “We will allow this. There will be uniformity across.”
The apex court was hearing an application filed by the Maharashtra government which had sought that the ban on bullock cart race in the state should be lifted as the same is going on in states like Tamil Nadu and Karnataka.
The Maharashtra government said there is a prohibition on bullock cart race in the state as the Bombay High Court, in its interim order, had refused to lift the ban in 2017, while there is no stay on the Acts concerned of the other states.
The bench noted it was urged before it that the high court had essentially followed the dictum of the apex court which had delivered a judgment in 2014 in a similar matter.
It is not necessary for us to dilate on the correctness of the aforementioned order(s) any further, except to observe that the validity of the provisions of the state amendments in the Prevention of Cruelty to Animals Act, 1960, and the Rules framed thereunder by the state ought to operate during the pendency of the writ petition, the top court said in its order.
During the hearing, senior advocate Mukul Rohatgi, appearing for Maharashtra, told the bench that in 2017, Maharashtra had come with amendments and rules to permit bullock cart race.
He said the rules were challenged in the high court which had stayed the operation of the rules by which the state wanted to hold bullock cart race under strict regulations.
Rohatgi said similar amendments were done in Tamil Nadu and Karnataka and when the matter came to the apex court, no bar was put on such race in those two states.
He said Maharashtra should be allowed to conduct bullock cart races in accordance with the 2017 rules.
While arguing the matter on Wednesday, Rohatgi had referred to an earlier order of the apex court, which had referred the pleas related to ‘Jallikattu’ to a five-judge constitution bench which would decide if the bull-taming sport fell under cultural rights or perpetuated cruelty to animals.
Jallikattu, also known as ‘eruthazhuvuthal’, is a bull-taming sport played in Tamil Nadu as part of the Pongal harvest festival.
One of the advocates appearing in the matter had earlier told the apex court that bullock cart race was banned in Maharashtra on the grounds of cruelty to the animal.
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