Supreme Court Starts Hearing Maharashtra's Plea To Allow Bullock Cart Racing

The Supreme Court on Wednesday started hearing an application filed by the State of Maharashtra seeking permission to conduct bullock cart races.

A bench comprising Justices AM Khanwilar and CT Ravikumar started hearing the interim application in Maharashtra's special leave petition, which was filed in 2018 challenging the stay order passed by the Bombay High Court against the conduct of bullock cart races in the State. The High Court passed the order in the light of the Supreme Court's judgment in the Animal Welfare Board v A Nagaraja case which banned traditional animal sports events like Jallikettu, terming them as offences under the Prevention of Cruelty to Animals Act.

Senior Advocate Mukul Rohathgi, appearing for the State of Maharashtra, submitted that the States of Tamil Nadu and Karnataka have passed amendments to the Prevention of Creulty to Animals Act to permit jallikettu and buffalo races. The Supreme Court did not stay those legislations and referred the matter to the Constitution Bench. However, the Bombay High Court did not grant permission to bullock cart races, although the Maharashtra Government framed rules to allow them under strict regulations. Therefore, Rohatgi urged the bench to allow Maharashtra rules allowing bullock cart races to operate, at par with the States of Tamil Nadu and Karnataka.

Rohatgi clarified that the present application seeks only permission to hold bullock races and not to go into the larger issues referred to the Constitution Bench. The senior counsel pointed out that Tamil Nadu and Karnataka have been holding animal sports events all these years on the basis of their amendments, while Maharashtra has not been able to do it.

Senior Advocate Anand Grover, appearing for the Federation of Indian Animal Protection Organization(FIAPO), submitted that Maharashtra was not entitled to any discretionary relief in view of the delay in moving the application. He pointed out that though the SLP was filed in 2018, they are pressing interim relief only now.

However, the bench observed that the SLP itself was pending.

Grover also argued that in the Maharashtra case, there was an application of mind by the Bombay High Court. The High Court passed an order observing that the Supreme Court judgment cannot be overcome through the rules framed by the Government.  On the other hand, with respect to the laws of Tamil Nadu and Karnataka, the Supreme Court did not pass any order to stay them and referred the matter to the Constitution Bench. Therefore, Grover argued that Maharashtra cannot claim parity with Tamil Nadu and Karnataka.

Grover further argued that the Nagaraja judgment had made a factual conclusion that bullocks are not meant for the race by humans. They might run as part of a flight or fright response. But that does not mean that they can be used for races. This factual conclusion made by the Supreme Court cannot be overcome through an expert report, as is sought to be attempted by the Maharashtra Government.

The bench will continue hearing the case as the first item in the list tomorrow. 

Case Title : State of Maharashtra versus Ajay Marathe and another  | SLP(C) No.3526-3527/2018