Tue. Jan 19th, 2021

Ban imposed on bull and buffalo fights

2 min read

Himachal Pradesh High Court- Imposing a ban on all types of buffalo and bull fights in the
State, the division bench of D.C. Chaudhary and T.S. Chauhan JJ, held that such
practice of bull fights across the State is against the Prevention of Cruelty
to Animals Act, 1960 (hereinafter Act) and declared that the rights guaranteed
to the bulls under Sections 3 and 11 of the Act cannot be curtailed except
under Sections 11(3) and 28 of the Act. The Court further directed the Animal
Welfare Board of India and the Government to take steps to prevent the
infliction of unnecessary pain or suffering on the animals as their rights have
been statutorily protected under Sections 3 and 11 of the Act.

In the instant
case petition was filed by an animal rights activist stating that bull fights
were being held in different parts of the State contrary to the provisions of
the Act. While the respondents have contended that activities like bull fights
have already been banned and in the cases reported in Districts Hamirpur and
Mandi, appropriate action as per the provisions contained under the Act had
been taken.

The Court extensively
referred to Animal Welfare Board of India
v. Nagaraja, (2014) 7 SCC 547 wherein the Supreme Court interpreted the
object and scope of the Act and stated that “Rights so conferred on animals are
thus the antithesis of a duty and if those rights are violated, law will
enforce those rights with legal sanction.” The Court further observed that the
Parliament is expected to make necessary amendments in the Act so as to provide
adequate penalties and punishments in cases of violation of Section 11 of the
Act. The Court also stated that Parliament is expected to raise the rights of
animals to that of constitutional right as done by many of the countries around
the world, so as to protect their dignity and honour. [Sonali Purewal v. State of H.P.,  decided on 21.07.2015]
Source: Legal news India

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