PEOPLES FOR ANIMALS Vs. STATE OF GOA

JUDGEMENT

(1.) THE petitioners who claim to be animal lovers and engaged in welfare of animals, in educating the general public concerning the necessity of treating all animals with compassion and to be the activist interested in ensuring that all laws concerning prevention of cruelty to the animals are enforced, have approached this Court with the complaint that the statutory authorities are either hesitant or negligent in taking appropriate steps to prevent the cruelty to the animals that is being inflicted in the course of the game of bull fights taking place in the State of Goa. According to the petitioners, bull fights are in contravention of section 11 (1) of the Prevention of Cruelty to Animals Act, 1968, hereinafter called as "the said Act. It is the contention of the petitioners that inspite of their efforts to bring this fact to the notice of the authorities concerned, such illegalities are being committed in the State of Goa and further that inspite of requests to such authorities to take appropriate steps in the matter to prevent the same, no action is being taken by the respondents and the bull fights are continuing to take place in Goa. It is further contended by the petitioners that the immediate occasion for the petitioners to approach this Court is the incident of killing of a person in a most brutal fashion by a violent bull at one of such bull fights organized at Fatorda near Margao on 17th September 1996 and that further bull fight which was scheduled to take place on 2nd October 1996.

(2.) THE petitioners claim that the bull fights are recent introduction in the State of Goa and though initially, no money or gambling was associated with it, in the recent times, due to the patronage of local politicians, the frequency of bull fights have increased enormously and they have become completely commercialised. Newspapers advertisements of bull fights are openly published to attract more and more spectators. On any given day, there would be fights between 6 to 10 bulls and in the process, bulls get severely hurt and wounded and further they also become insane. Specific procedures are utilised by the bull owners to instigate the bulls to fight with each other and the same is described, in detail, in the articles published in Goa Today and a daily by name Herald, copies of which are annexed to the petition as Exhibits A and B respectively. Accordingly, two bulls or buffaloes specially trained and bred for this game only fight against each other, with their owner or trainer standing behind them goading them on. At regular intervals, either mud is rubbed on the back of the animal or water is poured on its back. This is done to agitate or cool down the animal as the need may be. It is further contended by the petitioners that several social evils have sprung up and are associated with events of bull fights and they include large scale of illegal betting relating to the fortunes and fate of the individual bull. It is their case that, in fact, the bull fights are popular because of betting that goes with them. Moreover, it is not always fun. Besides the fact that they prove fatal to some animals, even spectators have occasionally fallen victims. In some cases, the spectators have been trampled by the stampeding animals. It is stated that the situation gets worse when the defeated bull starts running away from the field and the victor charges him. Such bull fights are locally known as dhirio and they are in direct contravention of the provisions contained in section 11 (1) (m) and section 11 (1) (n) of the said Act and that the authorities are duty-bound to take action against the said offenders.

(3.) IT is further contended by the petitioners that the petitioners addressed a letter dated 25th June 1996 to the Chief Secretary of Government of Goa, Panaji, bringing to his notice the cruelty suffered by the animals, who are goaded into killing each other in the process of bull fights and resulting injuries to the animals as well as to the spectators. However, inspite of the repeated appeals, no action has been taken by the respondent to stop the bull fights. It appears that even the Director of Animal Husbandry and Veterinary Services, Government of Goa, Panaji vide letter dated 13th August 1996, brought to the notice of the Inspector General of Police, Panaji that the said Act is in force in the State of Goa and that it is necessary that action be taken to prevent violation of the provisions of the said Act. Inspite of this, the bull fights continue to be held in the State of Goa and the newspapers carry advertisement in respect thereof. One of such bull fights was organized on 21st August 1996 in the Village of Taleigao and was attended by one of the Ministers and a Deputy Superintendent of Police. Consequently, the petitioners filed a complaint dated 2nd September 1996 to the Inspector General of Police, Panaji, regarding the said bull fight at Taleigao, held on 21st August 1996 and requested to take necessary steps in the matter.