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2007 Supreme(Mad) 861
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE ELIPE DHARMA RAO & THE HONOURABLE MR. JUSTICE P.P.S. JANARTHANA RAJA
K. Muniasamythevar
Versus
The Deputy Superintendent of Police, Keelakkarai, Ramanathapuram District & Another
W.A. Nos.119 of 2006 & 237 of 2006 and W.P. Nos.4818, 5717, 7079, 10868, 11282, 11478 of 2006, W.P. Nos.63, 187 and 203 of 2007
Decided On : 09-03-2007
For the Appellant :M/s. L. Shaji Chellan, Srinivasa Raghavan, Srimathy, G.R. Swaminathan, S. Manokar, N. Ananthapadmanaban, M. Saravanakumar, SamuelJames, G. Prabhu Rajadurai, V. Nagendran, V. Bharathidasan, Advocates.
For the Respondents:R. Janakiramulu, Spl.Govt. Pleader, Sivakumar, Advocate.
The main legal point established in the judgment is the need to regulate the conduct of traditional sport-events instead of imposing a complete ban, highlighting the absence of provisions in the Prevention of Cruelty to Animals Act, 1960 for such a ban and the possibility of criminal prosecution for acts of cruelty.
Headnote:
Cruelty to Animals - Traditional Sport-Events - Prevention of Cruelty to Animals Act, 1960 - Summary of Acts and Sections: Prevention of Cruelty to Animals Act, 1960 - Sections 11, 22, 26 - The court considered the traditional sport-events such as 'Jallikattu', 'Manjuvirattu', 'Rekla Race' and their association with the Tamil culture and religion. The court analyzed the provisions of the Prevention of Cruelty to Animals Act, 1960, particularly focusing on Section 11 which defines acts of cruelty to animals and provides for penalties. The court emphasized the need for regulating the conduct of the sport-events instead of imposing a complete ban, highlighting the absence of provisions in the Act for such a ban and the possibility of criminal prosecution for acts of cruelty.
Fact of the Case:
The appellant sought permission for conducting traditional sport-events such as 'Rekla Race' in his village. The court analyzed the interference by the respondents Police with the conduct of the sport-events and the subsequent order imposing a ban on all village sport-events involving cruelty to animals in the State of Tamil Nadu.
Finding of the Court:
The court found that the imposition of a complete ban on the conduct of traditional sport-events was not correct, emphasizing the need to strike a balance between safeguarding the interests of the villagers and the concerns of animal-lovers. The court highlighted the absence of provisions in the Prevention of Cruelty to Animals Act, 1960 for imposing a total ban and the possibility of criminal prosecution for acts of cruelty.
Issues: The core issue revolved around the treatment of animals during the traditional sport-events and whether such treatment amounted to cruelty within the meaning of Section 11 of the Prevention of Cruelty to Animals Act, 1960.
Ratio Decidendi: The court's decision was based on the analysis of the provisions of the Prevention of Cruelty to Animals Act, 1960, particularly focusing on Section 11 which defines acts of cruelty to animals and provides for penalties. The court emphasized the need for regulating the conduct of the sport-events instead of imposing a complete ban, highlighting the absence of provisions in the Act for such a ban and the possibility of criminal prosecution for acts of cruelty.
Final Decision: The court set aside the order imposing a complete ban on the conduct of the traditional sport-events and allowed the writ appeals and connected writ petitions, emphasizing the need for regulating the conduct of the sport-events by appropriate legislation and strict implementation by the authorities.
Elipe Dharma Rao, J.
The writ appeals are directed against the order dated 29-3-2006, passed by the learned Judge disposing of the writ petition filed by the appellant herein.
2. Aggrieved by the interference by the respondents Police with the conduct of the sport-events such as "Rekla Race", the petitioner has made a representation seeking permission for conduct of the "Rekla Race" in his village and since no order was passed on the representation, he filed the above writ petition, as Public Interest Litigatin, seeking the relief of Writ of Mandamus forbearing the official respondents concerned from interfering with the conduct of "Manjuvirattu", "Jallikattu", Bullock Cart Race (Rekla Race) in connection with village festivals.
3. The learned Judge, by the order dated 29-3-2006, held that the writ-petitioner was not entitled to the relief sought for and further directed the State and the authorities concerned to take immediate steps to ban all types of village sport-events such as "Jallikattu", "Rekla Race" (Bullock Cart Race), "Oxen Race" or any other entertainment involving causing cruelty to animals in the State of Tamil Nadu and further directed the authorities concerned to strictly comply with the order and the provisions of the Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to as the Act). The correctness of the order passed by the learned Judge in imposing a complete ban on the conduct of the said sport-events is questioned by the petitioners in these writ appeals.
4. During the pendency of the writ appeals, several writ petitions came to be filed as Public Interest Litigation by the villagers concerned seeking permission for the conduct of the above said sport-events during the village Temple festivals scheduled in the month of January/February, 2007. According to the petitioners, in the light of the order passed by the learned Judge, the respondent Police and the District administration have denied permission for the conduct of the said sport-events. The petitioners, therefore, sought for Writ of Mandamus forbearing the respondents from interfering with the conduct of the said sport-events. In some writ petitions, the petitioners have prayed for appropriate directions to the respondents concerned to provide adequate security to the petitioners concerned to facilitate the conduct of the sport-events.
5. Since the issue involved in the writ-appeals and the subsequent writ petitions is one and the same, they were tagged together for hearing. Arguments addressed were more or the less common in all the writ petitions and the writ appeals. The writ appeals and the writ petitions are, therefore disposed of by this common order.
6. Wewill first take up the challenge to the order dated 29-3-2006 passed by the learned Judge.
7. Learned counsel for the appellants/petitioners submitted that the Rekla Race, Manjuvirattu, Jallikattu etc. are regular annual sport-events taking place in the State of Tamil Nadu and more particularly in the southern Districts of the State at the end of the harvest season (January/February) and during village temple festivals. Appellants/Petitioners claim that the said sport-events are traditional and closely associated with the village life-style. Such sport-events exhibits the talent, valour and bravery of the village youths. Like any other sport-events, the events in question do involve certain degree of risk to the participants wherein the strength of animals are put to test.
Appellants/petitioners further claim that the animals taking part in the above said sport-events are identified, specially trained and selected solely for the purpose of the said sport-events and that the owners of the animals spend considerable amount of money for the purchase and maintenance of the animals. It was also claimed that since the said sport-events attract a large number of foreign tourists and the local people, the conduct of such events promote the tourism industry and thus augme
