New Delhi: The Supreme Court upheld the legality of the Tamil Nadu government’s Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act of 2017 and Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules of 2017 on Thursday, allowing Jallikattu, a traditional sport involving bull-taming, reported Bar and Bench.
The apex court, while announcing the judgement, rejected the idea that Tamil Nadu’s traditional sport of bull-taming, Jallikattu, does not hold a significant place within the cultural heritage of Tamil Nadu.
The petition was being heard by a five-judge constitutional bench. Under the guidance of Justice K. M. Joseph, the judgement said, “There is no flaw in state action.” It is a bovine sport, and participation will be allowed as per the rules. Act is not related to Article 48 of the Constitution. Incidental impact may fall upon certain types of bulls affecting agricultural activity, but it is referable, in pith and substance, to Entry 17, List III of the Seventh Schedule to the Constitution of India.”
The bench added, saying, “Even if the court proceeded on the basis of the fact that the legislature is best suited to decide if traditions involving animals can be allowed, if they violate any penal statute, such traditions cannot be allowed to be followed”.
The counsel representing the petitioners presented evidence from the record and debated that Jallikattu is a form of bloodsport where bulls are compelled to participate without their consent.
To which the five-judge constitution bench said, “Because there is death, it 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 court said, dismissing all petitions challenging the validity of state legislation allowing bullock cart and jallikattu competitions.
The State Assembly’s decision to change the Prevention of Cruelty to Animals Act had been contested by a number of groups, including the Animal Welfare Board, PETA, CUPA, the Federation of Indian Animal Protection Organisations, Animal Equality, the Union of India, and the State of Tamil Nadu.
Peta had challenged the Tamil Nadu government’s ordinance amending the central Act and allowing Jallikattu in the state in 2017, arguing it was unconstitutional.
A Supreme Court bench hearing the plea in 2018 said that the matter needed to be decided by a larger bench.
Jallikattu is a renowned sport that involves taming bulls. It is most popular in the areas of Madurai, Tiruchirappalli, Theni, Pudukkottai, and Dindigul. These regions make up the Jallikattu belt, where the sport is extremely popular and observed during the second week of January, coinciding with the Tamil harvest festival known as Pongal.