Karnataka High Court Allows State To Hold Kambala Events Beyond Dakshina Kannada, Udupi; Rejects PETA's Objection

The Karnataka High Court has allowed the state to conduct the bull race event–'Kambala' beyond the areas of Dakshin Kannada and Udupi district, and rejected the plea by PETA, claiming that holding the bull race event outside the areas of Dakshin Kannada and Udupi was 'purely for commercial purposes.'

Senior Advocate Dhyan Chinnappa for the petitioner stated that the only limited issue on the subject was where this event can be held.

The High Court bench of Chief Justice Vibhu Bakru and Justice C M Poonacha, noted that the same would be as per the relevant acts and rules. Chinnappa, however, stated that the bull race event could be held only in Dakshin Kannada and Udupi. It was stated that it was never the tradition of Bengaluru to hold Kambala races.

"Does the Act prohibit or prevent in this region, then show us? This principle that courts will not examine and leave it to the legislature will hold good even for sport events," the court noted.

Advocate General Shashi Kiran Shetty stated that the consideration to hold festivals in a particular place would be based on whether it is suitable to promote the culture. 'Horses are also taken from one place to another,' the AG stated.

"We have issued regulations on how it is to be conducted when held in Bengaluru. All conditions are taken care of when animals travel from Mangalore to Bengaluru. It only promotes the culture in the state. If something is done and they find out then case is filed, prevention is not a question here. We are not violating rules at all. Any conditions if lordships feels over and above these regulations we will comply with. This is the culture of the State," he added.

In hearing the submissions, the court remarked to the AG, "This cannot be permitted. Biological Park cannot be made into a festival ground...If you (State) demarcate a biological park then respect it...Tell us what is allowed and not allowed inside the biological park. In the master plan sanctioned there is an area kept for vegetation to remain...HC: You may put all protections as permissible, but you have to justify if the usage is allowed."

"Tradition of one part of state is culture of the entire state anything otherwise would be diversive...to say that having excepted to carve an exception for tradition and culture and now limit it to particular region...we are not persuaded to accept it," he added.

Accordingly, the court directed that till the next date of hearings, there will be no event in the zoo. It added that the next date is for the limited consideration of whether Kambala can be held near the Pilikula Park, and closed the PIL for other purposes, without any restrictions on others.

Background

PETA in its petition, sought to stay a bull race event–'Kambala' in Bengaluru. It also sought to restrain the state government from issuing permission for holding bulls races–whether styled as Kambala or otherwise–anywhere, outside of the rural areas of Dakshina Kannada and Udupi districts where it claims Kambala is held as part of tradition and culture.

The plea prayed for a direction to enforce the provisions of the Prevention of Cruelty to Animals Act, 1960 (as amended by the Prevention of Cruelty To Animals (second Karnataka amendment) Act, 2017), the state government's November 14, 2017 Notification and the observations of the Supreme Court in the Animal Welfare Board of India and Ors. v. Union of India and ors., (2023) in all future Kambala events held in any part of the state.

 Case Title: PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS (PETA), INDIA AND State of Karnataka & Others

Case No: WP 18406/2024