Jallikattu Supreme Court: Supreme Court upheld the Tamil Nadu law allowing bull-taming sport 'Jallikattu' in the State. The Supreme Court said the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017, substantially minimises pain and suffering to animals. The apex court also dismissed all the pleas challenging the validity of states’ laws allowing bull-taming sport Jallikattu and bullock cart races. "Jallikattu is a part of the cultural heritage of Tamil Nadu," said SC.
The Supreme Court also allowed the validity of similar laws framed by the governments of Maharashtra and Karnataka allowing sports involving animals.
"Jallikattu", also known as "Eruthazhuvuthal", is a traditional bull-taming sport played in Tamil Nadu as part of the Pongal harvest festival.
Several petitions have been filed before the apex court, including one filed by animal rights body People for the Ethical Treatment of Animals (PETA), challenging the state law that allowed the bull-taming sport in Tamil Nadu. The apex court had earlier said the petitions against the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 needed to be decided by a larger bench since they involved substantial questions relating to interpretation of the Constitution.
Matter transferred to a larger bench
In 2018, a bench of Chief Justice Dipak Misra and Justice RF Nariman said the petitions challenging the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017, needed to be decided by a larger bench since they involved substantial questions relating to the interpretation of the Constitution.
The bench framed five questions to be adjudicated upon by the larger bench.
What SC said about Jallikattu
The top court had said that notwithstanding the cruelty involved in "Jallikattu", it cannot be termed a blood sport as nobody is using any weapon and the blood may only be an incidental thing. It had said though cruelty may be involved in the sport, people do not take part in the event to kill the animal.
"Because there is death does not mean it is a blood sport. I don't suggest that people who are going to participate and climb onto the bulls are going there in order to extract blood in that event. People are not going to kill the animal. Blood may be an incidental thing," the bench, also comprising justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C T Ravikumar had observed.
The top court had, in its 2014 judgment, said bulls cannot be used as performing animals either for "Jallikattu" events or bullock-cart races, and banned their use for these purposes across the country.
Tamil Nadu government on Jallikattu
Senior advocate Kapil Sibal, appearing for Tamil Nadu, told the top court that jallikattu is not for entertainment and the person who showcases his bull treats the animal with great care and compassion. "What is the basis of saying it is pure entertainment? Look at it from a historical perspective," Sibal said, adding, a person feeds the bull every day for this event in January and he does it with great care and compassion.
The Tamil Nadu government told the top court that "jallikattu" is a religious and cultural festival that bears a "religious significance" to the people of the state and does not violate the provisions of the Prevention of Cruelty to Animals (PCA) Act, 1960. In a written submission filed in the apex court, the state said "jallikattu" is not merely an act of entertainment or amusement but an event with great historic, cultural and religious value. "Jallikattu not only preserves the cultural and traditional heritage, the cause of conservation of a native breed of cattle is also addressed by the continuous conduct of these events," it has said.
Tamil Nadu Assembly passes Bill
The sport had faced a ban after protests by the Animal Welfare Board of India and animal rights organisation Peta. Following widespread protests in the state in 2016, the Tamil Nadu government passed an ordinance, which, with the Centre’s approval, allowed it to resume since 2017. The bill replaced an ordinance for conducting the bull-taming sport.
The "Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act 2017", piloted by then Chief Minister O Panneerselvam, was passed by voice vote with the support of Opposition DMK and other parties. It said the "Government of Tamil Nadu has decided to exempt Jallikattu from the provisions of the Prevention of Cruelty to Animals Act."
(With PTI inputs)
