Banda Laagudu Poteelu: Andhra Pradesh High Court Refuses To Permit Bull Race, Says It is Prohibited Under Law

The Andhra Pradesh High Court rejected the plea to organize bull racing during the customary festival 'Urusa' in Renata village, Kurnool District, stating that it would be violative of the Prevention of Cruelty to Animals (PCA) Act.

Justice B.S. Bhanumathi said that the proposed bull race falls within the scope of sections 11(1)(a) of the PCA and is also violative of Section 3 of the Act. 

"So, what is prohibited under law cannot be permitted," said the court. 

A writ petition was filed challenging the decision of the authorities who denied permission to organize 'banda laagudu poteelu' (bull race), 'pouranika natakam' (mythological play), and the use of loudspeakers on 11 April in Remata village, Kurnool District.

The petition stated that the Urusu was being organized in the village since time immemorial, in the memory of Sri Sri Sri Gokaramayya Swami, during the month of April. Along with the Urusu, it has been a tradition to organize competitions involving farmers, the court was told.

The petitioner had sought permission from the police to organize a bull race and a mythological play on 11 April. However, the respondents denied the permission, stating that there have been many fights and murders in Gokaraya Urusu in the past, and there could be a disturbance of law and order if the events were allowed. An intelligence report also indicated a risk of riots and fights during the Urusu.

The petitioner further submitted that "in the objection raised by the police, no objection was raised with regard pain to animals as per Section 11 (1) of the Prevention of Cruelty to Animals Act, 1960, but now such contention is being raised."

The counsel for the respondent opposed the petition, submitting that the provisions of the Prevention of Cruelty to Animals Act, 1960, specifically Sections 3 and 11(1), would not allow the petitioners to conduct a game involving bulls. The counsel also referred to the decision of the Supreme Court in Animal Welfare Board of India Vs. A. Nagaraju wherein Jalaikattu festival was declared violative of PCA Act.

He further submitted that insofar as the play is concerned, if permission is granted to this group, another rival group is also ready to perform the same play, which could lead to clashes between the two groups and serious problems of law and order. Additionally, it was submitted that the police personnel are engaged in other duties, such as SSC examinations, and as a result, there is not enough police force to ensure a peaceful celebration. 

Perusing Section 3 and Section 11(1)(a)(m) and (n) of the PCA, the court held that the bull race would fall under the provision of Section 11(1)(a), which prohibits treating animals with cruelty.

It is also violative of Section 3, which mandates that every person having the care or charge of any animal must take all reasonable measures to ensure the well-being of such animal and prevent the infliction of unnecessary pain or suffering upon it, the court said.

The court referred to Animal Welfare Board of India v. A. Nagaraju wherein it was held that, “Taming of animal for domestic use and taming of animal for exhibition or entertainment are entirely different. Section 2 (c ) of the TNRJ Act speaks of “taming of bulls” which is inconsistent and contrary to the speak of bull tamers. Bull tamers, therefore, tame the bulls in the arena during Jallikattu, as per the State Act, is not for the well-being of the animal and causes unnecessary pain and suffering, that is exactly what the Central Act (the PCA Act) wants to prevent for the well-being and welfare of animals, which is also against the basic natural instinct of the bulls.”

However, the court allowed the mythological play with the condition that it would be the responsibility of everyone associated with it, either in conducting or participating, to maintain peace in holding the play and not to cause any law and order problem.

Case Title: Kappa Pedda Venkanna v. State of Andhra Pradesh

Citation: 2023 LiveLaw (AP) 21

Click Here To Read/Download Order