Govind Mathur, J. - (1.) THE President, Legal Cell of "Vishnoi Mahasabha Van Evam Vanya Jeev Raksha Samiti" has preferred this petition for writ with a prayer to restrain the respondents from organising 'Tonga Race' from village Mundiad to Kharnal and from Kharnal to Nagaur on the occasion of 'Ganeshji Ka Mela' and 'Veer Tejaji Ka Mela'. As per the petitioner in light of the provisions of the Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to as 'the Act of 1960') the race so organised is a cruelty towards the animals, hence deserves to be stopped.
(2.) THE factual background giving rise to this public interest litigation is that every year on the 9th Shukla day of the month of Bhadrapad the Gram Panchayat, Mundiad organises a fair known as 'Ganesh Mela' and on the next day to that Gram Panchayat, Kharnal organises a fair in memory of folk deity 'Veer Tejaji'. On these two days the concerned Gram Panchayats with the cooperation of Municipal Council, Nagaur holds 'Tonga Race'. The 'Tonga Race' that takes place on 9th Shukla day of Bhadrapad covers a distance of 17 kms. from village Mundiad to Kharnal and the race on the next day passes through a distance of 19 kms. between village Kharnal and the town of Nagaur. The distance of 19 kms. between Kharnal and Nagaur is part of National Highway 65. As per the petitioner the 'Tonga Race' on both the days happens in presence of thousands of persons and the participating Tonga Riders (Coachwans) with an anxiety to win the race commit cruelty with the animal pulling tonga. It is stated that the horses pulling tonga run on hard surface and that is quite difficult being highly stressful. It is also stated that the Coachwan use to beat animal for movement with higher speed. To substantiate the statement made several photographs are also placed on record showing that beside the Coachwan 3 -4 other persons are also riding on the Tongas and Coachwan is also giving hunter blows to the horse running on road. The photographs also disclose big presence of people following Tongas with motorcycles, jeeps, cars, three wheelers etc. It also reveals from the photographs that huge presence of people to witness the 'Tonga Race' causes traffic hazard as well as a problem of law and order. During the course of hearing learned counsel appearing on behalf of the petitioner submits that by submitting several representations various social organisations made request to the District Administration Nagaur to abandon the 'Tonga Race' but of no consequence. It is also pointed out that in the years 2000 and 2004 Coachwans viz. Shri Kutub Pehalwan and Shri Puthida Pehalwan died while participating in the 'Tonga Race'. In the year 2006 one young lady wife of Shri Rajendra Patodia died and one Mrs. Bhagwati Tiwari suffered serious injuries. In the year 2011 Shri Narpat son of Nemichand Khatik died during the course of 'Tonga Race'. While placing reliance upon the judgment of Hon'ble Supreme Court in Animal Welfare Board of India v. A. Nagaraja, : (2014)7 SCC 547, it is asserted that the 'Tonga Race' is an avoidable non -essential human activity organised to ignore welfare of horses solely for human pleasure. The race inherently involve pain and suffering which involves both physical and mental components including fear and distress. The 'Tonga Race' also causes huge strain and stress which is nothing but cruelty as defined under Section 11 of the Act of 1960. While contesting the petition for writ learned Additional Advocate General Shri S.S. Ladrecha submits that the 'Tonga Race' is an important cultural event of District Nagaur and is a part of folk tradition wherein animals play a vital role, therefore, it cannot be banned or regulated in form of banning the modes of celebration of the people. The stand of the respondent State and its functionaries as stated in reply to the writ petition reads as under :- "That the case in hand is regarding 'Tanga Race' (i.e. Horse Chariot Racing) in the festival of Ganeshji and Tejaji Fair in Kharnal, which lies in District Nagaur. The festival of Tejaji fair is celebrated in Rajasthan in the memory of Veer Tejaji, a folk deity held in high regard by the local people. The annual event is celebrated on the 11th day of the bright fortnight of the Bhadrapada month of Hindu calendar. On this day grand fairs are organized in various parts of the state which are attended by people, especially those from the rural areas in large numbers. The wondrous locales of Rajasthan plays host to a variety of vivacious festivities through the year. The vibrant Nagaur fair is one such colorful jubilation. Each year, in January and February, Nagaur throws its doors open to hundred and thousands of merchants dealing in domesticated bovine animals. The fair is an assortment of bullocks, camels, cows, and horses, merchants sporting attire in striking hues, haggling traders and visitors, brimming with enthusiasm and excitement. Thus, the culture of District Nagaur is basically full of folk tradition wherein 'animals' play a pivotal role in their day today life. Animals are used in traditions, chariots and in festivals; they play a vital role in celebrations. This fair is being celebrated from ancient times and the same cannot be banned or regulated in form of banning the modes of celebrations of the people."
(3.) BESIDE the above it is also stated that the District Administration is taking all necessary care to tackle the problem of traffic and also to ensure that no cruelty be caused to the animals. To substantiate the contention reference of the document dated 2.9.2014 passed by the Sub Divisional Magistrate, Nagaur is given imposing certain conditions for participation in 'Tonga Race'. The conditions so imposed read as under:- ;