Amended acts on bullock-cart race upheld by SC

Reading out the operative part of the judgement, Justice Bose said that law contained in these Acts, rules and notifications shall be strictly enforced by the authorities.

“In particular, we direct that the district magistrates/competent authorities shall be responsible for ensuring strict compliance of the law as amended along with rules/notifications,” the bench said.

“The amendment having received Presidential assent, we don’t think there is any flaw in the state action,” it said.

The Constitution bench, which had reserved its verdict in the matter on December 8, 2022, was considering the five questions referred to it by the two-judge bench in 2018. Referring the issue to the five-judge bench in February 2018, the apex court had said the petitions challenging the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 need to be decided by a larger bench since those involve substantial questions relating to the interpretation of the Constitution.

Framing the questions for the larger bench, the top court had said it needs to be tested if the amendment Act “perpetuates cruelty to animals” and “can it, therefore, be said to be a measure of prevention of cruelty to animals”.

Welcoming the decision, Maharashtra’s deputy Chief Minister Devendra Fadnavis said that the Supreme Court has upheld the Maharashtra government’s law reassuring adequate safeguards to avoid cruelty to animals.

Fadnavis said, “During my tenure as CM, we made amendments in laws providing adequate safeguards and strict punishment to ensure bullocks are not subjected to cruelty.”

According to Fadnavis, “We also constituted a committee to study and make a scientific report on the running ability of bulls. This was necessitated as animal activists went to court seeking ban on bullock cart race citing bullocks are not meant for races.”

Opposition Nationalist Congress Party (NCP), too, welcomed the decision with Leader of Opposition Ajit Pawar saying that the order will further strengthen the “bond between farmers and bulls”. “It is a part of Maharashtra’s farming culture and the verdict will further cement it,” he said.

Bullock cart race was banned in the state since 2014 and it was lifted for a short while in 2016. Again restrictions were imposed in 2017, following petitions from animal activists. Fadnavis said, “After the Shiv Sena-BJP government came to power in the state, we contested the stay on bullock cart race. Solicitor General Tusshar Mehta took up the matter. He submitted the scientific report of the state committee where bullocks’ running ability was established.”

The bullock cart racing is an old tradition which has been in existence in Maharashtra for over 400 years. There was huge demand from rural Maharashtra to resume the bullock racing, he added.