1. FAHIM AHMED SIDDIQUI, J.--The applicants question the order of the learned Sessions Judge, whereby their application filed under Section 22-C(ii) was declined. Through the said application, the applicants sought directions to local police officials for allowing the applicants to arrange Bull Carts Race.
2. It is the case of the applicants that the respondents are causing hindrances in their efforts for promotion of social and cultural activities. According to them, they are trying to promote traditional and cultural games in their district like donkey carts racing, bull carts racing and other funfares, which was disturbed by the respondents, and they are causing harassment to the applicants. The applicants challenged the action of respondents before the learned Sessions Judge, Dadu under the provision of ex-officio Justice of Peace but-instead of giving any relief, he dismissed the application and directed the SSP not to allow any such race because it is a source of gambling.
3. The learned counsel for the applicants argues the matter at length. According to him, bull cart racing is a popular cultural game of the province and being a cultural game, it should be promoted and allowed to be flourished. He submits that the impugned order is patently illegal as it hampering the social and cultural values of the villagers.
4. In contrast to above, the learned DPG submits that these types of sports have nothing to do with the cultural values of the rural or urban areas of the province. According to him, the bullock cart racing and other sorts of animal contests and fights arc actually used for the purpose of gambling, which is illegal. After quoting some portions of impugned order, he contends that under the garb of the instant application, the applicants are actually seeking permission of promoting gambling in the area.
5. There is no question about it that the places of bullock racing are now becoming a maniac for society and anxiousness of these activities is a threat for our cultural values. I am unable to swa llow the arguments of the learned counsel for the applicants that bullock cart racing is the cultural norms of our society. At the most, it can be said that it is a customary practice in some parts of the province of Sindh. No doubt, the bull cart racing, donkey cart racing, bullfights, ram- fights, dogfights and cockfights are common customary games but it has been noticed that behind the curtain of such customary funfare, a planned business of gambling is flourished. The arenas of these games have now become unofficial and illegal casinos, which attracts not only the professional gamblers but also distracting our youth from wholesome activities to gambling and betting. Besides, all these beating, flogging and torturing animals is creating an adverse effect to our cultural and moral values. These acts are potentially harmful for our society. if carried out in presence of youngsters and children, as it may promote a tendency of violence and crime in the society. J. Edgar Hoover, the founder Director of the Federal Bureau of Investigation (USA), make a study of people convicted of violent crimes such as assault and murder. He found that, in every case, the convict had a childhood history of cruelty to animals.
6. A mere claim of an illegal practice to be a custom alone would, not be sufficient to ask for a legal tag thereto. Any custom or usage regardless of long or short continuity thereof would never turn it 'legal' or otherwise. I am conscious that usage and custom (having the force of law). may well be given status of law but same should not be inconsistent with fundamental rights as well other legislations, lawfully passed because the loyalty to State, as demanded by Article-5 of the constitution, would not satisfy its spirit if a citizen does not obey the constitution and all laws which otherwise has been defined as inviolable obligation. A popular sentiment real or contrived should not be an excuse to avoid inviolable obligation to obey all laws of the lands. It is held in the case of Imran Ahmed Khan Niazi (PLD 2017 Supreme Court 265) {Rel. P-989} as: "19. The solution lies not in bypassing but in activating the institutions by having recourse to Article 190 of the Constitution. Political excitement, political adventure or even. popular sentiments real or contrived may drive any or many to an aberrant course put we have to go by the law and the book...."..
7. It is worth reminding that the Prevention of Cruelty to Animals, Act, 1890 (in short, PCA Act) holds the field wherein whipping, beating kicking or otherwise treating any animal cruelly is punishable. It is a matter of common experience that bulls. oxen and other dumb animals carry load in Bullock carts and suffer silently. Bullocks are normally slow moving animals. Even while carrying normal load, the Cart Man used to whip the bullock. To win the race and to get applause from the public, obviously, there will be violent whipping, amounting to cruelty. The PCA Act prohibits to treat an animal in such manner or position as to subject it to unnecessary pain or suffering. During Bullocks Cart Racing, a continuous whipping and flogging is done to force the animal to run up to his utmost capacity, which certainly comes under the definition of cruelty with the animals as per the provision of PCA Act. An act, which is prohibited under the law cannot be allowed to be continued on the pretext of certain customary practice and game particularly when such practice or custom even comes in direct conflict to a lawful enactment.
8. At this juncture, I would like to point out that sometime back, the Society for Prevention of Cruelty to Animals (SPCA), an organization recognized under Rule 3 of 'the Prevention of Cruelty to Animals Rules, 1961' was very active in every district of the province. There are separate rules for appointment of members of SPCA known as 'SPCA Inspection Services Rules.' However, it is really painful that now the entire mechanism for prevention of cruelty to animal is put at rest and the laws promulgated for the said purpose are made redundant because of the negligence of the government officials, who otherwise were/are responsible for its implementation.
9. The applicants want the respondents/police to protect their act of inflicting cruelty upon the animal in shape of beating, kicking or otherwise treating the animal cruelly, which is punishable under PCA Act. These illegal and unlawful races are organised in the open field for quite a long distance. The same is witnessed by a gathering. Even the participant aims to win the betting and owners of bullocks to get the prize and applause of the crowd gathered. During the race, the bulls are brought and harnessed with the cart and also subjected to unnecessary pain and torture. The bulls are made to be aroused and to agitate the bulls, in addition to whipping and flogging, their tails are twisted or other modes are adopted inflicting pain and torture. In the process, not only the owner/trainer incites the animal; the entire crowd by making huge noise, contribute inciting the bulls. The owners and trainers hold them by horn and the bulls resist. Resultantly, they run wild and sometime forces into the crowd, mostly causing injuries to the gathering. Bull also gets injured.
10. Needful to add that the learned Sessions Judge has exhaustively discussed about the promotion of gambling and even has also quoted some incidents of past, which has created law and order situation and there has not been any denial from side of the petitioner in that regard. When the act of Whipping and overloading or otherwise treating any animal subjecting it to unnecessary pain is punishable under PCA Act, then how all these acts which prima facie aimed to get pleasure by all illegal means, including whipping and physical suffering, can escape from definition of cruelty.
11. Needless to say, that what one legally cannot obtain, the same cannot be obtained indirectly even in the name of custom or an old practice. I am unable to understand how it can be supposed that the police will provide protection to an illegal act and how a direction for continuity of an illegality can be made to a Court of law?
12. I would add that the "culture" carries its ordinary meaning, per Cambridge English Dictionary as "the way of life, especially the general customs and beliefs, of a particular group of people at a particular time". Not only our culture, custom and religion even describe us as loving and kind towards our pets; we feel proud in ornamenting and beautifying our pet(s). It is the demand of good parenting to teach the children to be kind towards animals; consider their pets as 'friends' not as 'fun' or 'toy for fun.' Even, in our society, a sight of overloaded and ill-treated animal is generally never appreciated. When there was no concept of animal rights yet it was advised by the Messenger of Allah (SAW) continuously advised people to show kindness. He forbade the practice of cutting tails and manes of horses or branding animals at any soft spot, and to keep horses saddled unnecessary. If the Prophet (SAW) saw, any animal over-burdened or ill-fed, he would speak mildly to the owner and say "Fear God in your treatment of animals. "(Ref: Abu Dawood).
13. However, refraining from physical torture and cruelty is not enough, even emotional distress of animals was taken seriously. One of the Prophet's companions narrates, "We were on a journey and during the Prophet's absence, we saw a bird with its two chicks; we took them. The mother bird was circling above us in the air, beating its wings in grief. When Prophet Muhammad returned, he said, 'Who has hurt the feelings of this bird by taking its chicks? Return them to her."
14. And the chicks were returned to the nest of the bird. (Saheeh Muslim). So, one cannot claim a distorted picture to be our true culture.
15. Consequently, the applicants are not entitled for the relief, they sought through the instant application. The instant application is disposed of with directions to the provincial government to see that the Prevention of Cruelty to Animals Act. 1890 should be implemented in letter and spirit and to make functional the Society for Prevention of Cruelty to Animals and/or recognize any NGO working for welfare of animals according to Rule of the Prevention of Cruelty to Animals Rules. 1961.
16. It is also directed to the Chief Secretary, Government of Sindh to form a committee comprising experts and representative of NGOs working for animals' welfare and prevention of cruelty towards animals for suggesting improvement in existing legislation for eliminating cruelty against animals and place such report/suggestion before the legislature for consideration. All the authorities of provincial government are further directed to take immediate steps to ban all types of privately and illegally organized animal cart racings and all sorts of customary games causing animal cruelty in the entire province. The respondent police officials as well as the IGP Sindh are also directed to ensure prevention of cruelty to animals in the guise of Bullocks Cart Racing. Oxen Cart racing, donkey cart Racing. bullfights, ram-fights, dogfights and cockfights etc. The learned MIT-II is directed to send the copy of this order to all concerned for compliance.