The Madras High Court reiterates the importance of respecting cultural practices while upholding the principles of compassion and responsible conduct towards animals
C.Kumar vs The Assistant Director
Decided on :14 July, 2023
CORAM : THE HON’BLE DR.JUSTICE D.NAGARJUN
Introduction:
Writ Petition (MD) No.15645 of 2023, C. Kumar vs. The Assistant Director and Others, was brought before the Madurai Bench of Madras High Court, presided over by Dr. Justice D. Nagarjun. The petitioner, C. Kumar, sought a writ of certiorarified mandamus to challenge the order of the Assistant Director of the Animal Husbandry Department dated 20.06.2023, which denied permission for conducting a traditional event called “Kida Muttu” or Goat Fight. The case involved balancing cultural traditions with animal welfare concerns.
Factual Background:
The petitioner, a member of the association “Arivu Nanbargal Kuzhu,” sought permission to conduct the annual Kida Muttu event at Thenpalanji Village in Madurai South Taluk on 15.07.2023, between 08:00 a.m. and 03:00 p.m. The Government of Tamil Nadu had previously amended the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017, permitting Kida Muttu in various places with certain conditions. The petitioner relied on a previous court order, W.P.(MD) No.11751 of 2023, where a similar event was allowed with specific conditions.
Petitioner’s Argument:
The petitioner’s counsel, Mr. M. Raghuman Khan, argued that Kida Muttu had been a traditional event in the village for decades, without causing harm to the animals involved. He highlighted that the government had permitted similar events in other places, and the petitioner was willing to adhere to all safety measures and guidelines issued by the Animal Husbandry Department. The petitioner also mentioned that they had previously sent a representation seeking permission, followed by a writ petition (W.P.(MD) No.13539 of 2023) when no response was received from the police.
Respondent’s Submission:
The learned Government Advocate (Crl. Side), Mr. S. S. Madhavan, representing the respondents, cited the proceedings of the Assistant Director of the Animal Husbandry Department and the Commissioner of Animal Husbandry and Veterinary Services, Chennai. These proceedings indicated that Kida Muttu was not considered a lawful event under the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017, even after the amendment.
Court’s Decision:
Considering the petitioner’s arguments and the previous court order (W.P.(MD) No.11751 of 2023), where Kida Muttu was allowed under specific conditions, Justice D. Nagarjun quashed the impugned order of the Assistant Director dated 20.06.2023. The court directed the respondents to grant permission to conduct the Kida Muttu event on 19.07.2023. The petitioner and other organizers were instructed to strictly adhere to the conditions imposed in the earlier order (W.P.(MD) No.11751 of 2023) and file an affidavit of undertaking to that effect before the police.
Conclusion:
The case of C. Kumar vs. The Assistant Director illustrates the delicate balancing act courts must perform between cultural traditions and animal welfare concerns. While respecting the traditional practices of the community, the court also ensures that animal welfare is safeguarded through the imposition of specific conditions. This judgment reiterates the importance of respecting cultural practices while upholding the principles of compassion and responsible conduct towards animals
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Written by- Shreeya S Shekar