Bombay High Court dismisses plea to re-start cockfight sport in Maharashtra

The Nagpur Bench of Bombay High Court last week dismissed a public interest litigation petition seeking to re-start the traditional sport of cockfight in the State of Maharashtra [Gajendra Dilip Chacharkar v. UOI & Ors.]..The petitioner, Gajendra Chacharkar stated that the sport was a traditional sport enjoyed by citizens of the State since ages. He pointed out that if there was an element of cruelty involved, the same could be taken care of by imposing conditions. The notification of the Ministry of Environment, Forest and Climate Change of 2016 also did not include cocks as birds or animals to be exhibited or trained as performing animals.In view of this, the petitioner contended that the sport was permissible and involved no cruelty to the participating birds, if procedural safeguards are undertaken. .A bench of Justices SB Shukre and GA Sanap, however, refused to accept the arguments. "Simply because some sport, custom or tradition is going on for ages, it cannot be a reason for the Court to allow the same," the Bench observed. The Court reasoned that certain unhealthy customs, traditions and sports of the ancient past like child marriage, had been done away with by law.Further, the Court said it is a flawed argument two beings adopting safeguards would make a fight between two living beings less cruel. The Court said that cockfight is an extremely gory sport and it is impossible to avoid serious injuries to the birds even with human intervention. Thus, the Court found no merit in the PIL and dismissed the same. "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. Therefore, we do not think that this is a fit case for making any intervention by this Court in exercise of its extra ordinary jurisdiction under Article 226 of the Constitution of India," the bench ruled. .[Read order]