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The Bench noted that customs and traditions cannot be allowed only because they have been going on for ages.
The Nagpur Bench of the Bombay High Court comprising of Justice Sunil B Shukre and Justice G.A Sanap dismissed a Public Interest Litigation seeking permission to restart cockfighting as a part of a traditional sport.
The petitioner argued before the court that necessary conditions may be imposed by the state government if there is any cruelty involved during the event. The petitioner placed on record the notification of the Ministry of Environment Forest and Climate Change and argued that the prohibition of animal training and performing does not include cocks. Further, he also argued that such traditional practice should be a permissible sport since does not involve cruelty to participating birds if procedural safeguards are taken.
The Court dismissed the PIL stating that “Simply because some sport, custom or tradition is going on for ages, it cannot be a reason for the Court to allow the same.” Further, the court also noted that certain customs and traditions which were unhealthy in the past were prohibited like The Child Marriage Restraint Act, 1929.
The court also noted that “In fact, it is our common experience that cock fighting is an extremely gory sport and it is not possible with any kind of human intervention to stop the fighting cocks from causing any serious injuries to each other”
The division bench while dismissing the petition stated that
“The phenomenon works on the principle, more the violence, more is the blood spilling and more is the excitement generated by greater secretion of adrenalin, which is entirely contrary to the provisions of the Prevention of Cruelty to Animals Act, 1960”
Case Title: Gajendra Chacharkar versus Union of India & Ors.
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