Introduction
Jallikattu, sallikattu or kamabala as called in Karnataka the famous bull fight sport and a prominent tradition where men tame their bull and compete to hold the hump of the agitated bull for a particular time practised in the southern Indian states which has been a subject of intense debate and legal scrutiny in the recent years. Jallikatu is a symbolic gesture and celebration for the Pongal festival as a sense of gratitude to the cattle who play a pivotal role in the agricultural harvest.
Animal welfare concern
In spite of having a prominent cultural background and heritage for this sport, Jallikatu has always been the subject matter of criticism as cruelty towards animals. Several activists and NGO’s have raised concern over animal rights violation and pointed out the animal abuse faced by the cattle in the process of training and participating in the festival. Use of force and inflicting unnecessary hard on animal’s during the process which even has the potential to harm their trainers raise ethical questions and prominent legal interventions.
Legal developments
In 2014 the supreme court of India imposed a ban on their age-old tradition expressing concern over animal welfare. This raged the people of Tamil Nadu which was followed by a widespread protest for being insensitive to their culture. Tamil Nadu enacted the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act of 2017 and the Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules of 2017 to override the ban imposed on the sport in 2014 by the Supreme Court. The laws were framed based on Article 29(1) of the Indian constitution, which provides any section of the citizens residing in India having a distinct culture, language, or script, the right to conserve their culture, language and script. Hence In 2017, the state government sought to overturn the ban through an amendment to the Prevention of Cruelty to Animals Act, leading to a temporary reprieve. To override the apex courts, order the centre issued a notification permitting the training as performance animals for Jallikatu and observed that in states like Tamil Nadu, Karnataka, Maharashtra and Gujrat it’s a tradition practised from a few centuries and are a part of the states culture and hence bought an amendment to the prevention of cruelty of animal’s act. The sport was banned for a period of 2 yrs. between 2014-16 due to the SC order but subsequently the Tamil Nadu legislative assembly lifted the ban on the sport in 2017 as result of several petitions were filed in the Supreme Court. These petitions were referred to the constitutional bench of SC where the court allowed the age-old tradition of and upheld (law) Amendments made by the Tamil Nadu, Karnataka and Maharashtra to the prevention of cruelty to animals act allowing the bull taming sport Jallikattu.
Constitutional validity:
The Constitution Bench held that the Jallikattu law “substantially minimises” the pain and suffering of the animals participating in the event. The court directed that the district administrations and competent authorities in Tamil Nadu would be responsible to ensure that Jallikattu events are conducted in strict compliance of the safeguards laid out in the 2017 Amendment Act and Rules. The court described Jallikattu as an event during which “a bull is set free in an arena and human participants are made to grab its hump to score in the game”.
The A Nagaraja case
Justice Bose said Jallikattu was banned in 2014 by the apex court in the A Nagaraja case and called it “cruel”. But that was before the State passed the Amendment Act in 2017, introducing several measures to prevent any abuse to the participating bulls or loss of human life. “The Amendment Act overcomes the defects pointed out in the A Nagaraja judgment,” the court concluded. The Bench held that the State was empowered to enact the 2017 law. The court dismissed the arguments made by petitioners, who included animal welfare activists and organisations, that Jallikattu harmed bulls as they were not built to run and be grabbed at. They had argued that the sport was against the fundamental nature of bovine animals.
The court said the Act and its Rules did not violate Article 51A (g) and (h) which makes it a fundamental duty to “have compassion for living creatures” and “develop the scientific temper, humanism and the spirit of inquiry and reform”. The court said the Act was also not “relatable” to Article 48 of the Constitution which deals with the duty of the State to “organise agriculture and animal husbandry”. Further, the court said the amended Jallikattu law did not offend the fundamental rights to life and equality.
The court concluded that the amended law encompasses the spirit of entry 17 (prevention of cruelty to animals) in the Concurrent List of the Seventh Schedule of the Constitution. The law, its rules and the notifications issued by the State under the Act has further remedied the “mischiefs” highlighted in Sections 3 (duties of persons in charge of animals) and 11 (cruelty to animals) of the Prevention of Cruelty to Animals Act, 1960.
The Constitution Bench found that the Division Bench of the court in the A Nagaraja judgment had erred in concluding that Jallikattu was not part of the cultural tradition of Tamil Nadu without sufficient material to back its finding.
For itself, the Constitution Bench refrained from delving into the issue. “Whether Jallikattu has become an integral part of Tamil culture or not requires religious, cultural and social analysis in greater detail, which in our opinion is an exercise which cannot be undertaken by the judiciary,” the court said. [1]
Current status of Jallikatu
The Jallikattu in the legal aspect seems to be secure for now, as the Supreme Court has recognized its cultural and traditional significance while also ensuring that it does not violate animal welfare laws. However, the sport remains controversial, and some animal rights activists continue to oppose it. The Tamil Nadu government has argued that Jallikattu is an important religious and cultural event that should not be banned outright and as if in the contemporary situation it’s a sport celebrated .
[1] https://www.thehindubusinessline.com/news/sc-declares-amended-jallikattu-law-valid/article66867046.ece
