The Act also says that anyone who is found inflicting cruelty on animals would be subjected to a maximum fine of Rs 5 lakh or a jail term of three years.
The Bombay High Court has stayed, until further orders, all bullock cart races in Maharashtra. The races were allowed after the government had amended a section in the Prevention of Cruelty to Animals Act.
A division bench of Chief Justice Manjula Chellur and Justice NM Jamdar said, "No one will give permission unless it is approved by us." It has also directed the government to frame rules to be followed by District Collectors before granting permission, and also place on record the process followed by them while granting such permissions.
Bullock cart races were allowed after an amendment was carried in section 3 of the Act, which stated that prior permission can be granted by the District Collector, subject to 'no pain' or 'suffering' caused to the animal.
The Act also says that anyone who is found inflicting cruelty on animals would be subjected to a maximum fine of Rs 5 lakh or a jail term of three years.
The stay was granted while hearing a public interest litigation (PIL) filed by Ajay Marathe, who has challenged the amendment. Advocate Kalyani Tulankar, appearing for the petitioner, argued that no rules have been framed under which permission can be granted. The petition also took opposition to a race being held in Pune on August 17.
The court, after going through the records, noted that conducting races without rules in place would mean inflicting pain. Further, it also took into consideration the fact that bulls are not anatomically designed to run like horses. The bench thus considering that the state has not introduced steps to overcome pain and suffering of animals, no races will be allowed until further orders. The petition had claimed that the amendment was arbitrary and illegal and sought it to be struck down.
To race or not
In April, the state passed a legislation in the Assembly unanimously to resume bullock cart races across the state
Animal Husbandry Minister Mahadev Jankar said the amendment was being made in view of the vital role bullock cart races play in preserving and promoting the state's tradition and culture
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