TEAM HERALD
NEW DELHI: The Supreme Court on Wednesday exhorted Parliament to “elevate rights of animals to that of constitutional rights, as done by many of the countries around the world, so as to protect their dignity and honour.”
It came in a 12-point declaration made by the Bench of Justices K S Radhakrishnan and Pinaki Chandra Ghose while banning as illegal the bullfights or Jallikattu in Tamil Nadu, known as Dhirio in Goa, as also bullock-cart races that take place in Maharashtra, Punjab and many other states.
The Bench struck down the Madras High Court’s 2007 judgement allowing the bullfights while upholding the Bombay High Court’s March 2012 verdict upholding the Maharashtra Government’s 2011 notification prohibiting all bullock-cart races, games, training and exhibition.
It also upheld the notification of the Ministry of Environment and Forests (MoEF) issued on July 11, 2011 under the Prevention of Cruelty to Animals (PCA) Act, 1960, banning exhibition or training of bulls, monkeys and four other animals for performance. Bears, tigers, panthers and lions are the four animals listed in the notification.
Striking down the law enacted by the Tamil Nadu Assembly in 2011 to regulate the conduct of Jallikattu as “constitutionally void” for violating Article 254(1), the Court asked the Centre to amend the provisions of the PCA Act that prevents cruelty to animals to bring bulls in its ambit.
The apex court struck down the law enacted by Tamil Nadu in 2011 to regulate the conduct of Jallikattu.
The Apex Court said it was dealing with “an issue of seminal importance with regard to the rights of animals under our Constitution, laws, culture, tradition, religion and ethology.”
It advanced the guidelines of the World Health Organisation of Animal Health, still known by its French acronym (OIE) that talks of five freedoms for animals to be “healthy, comfortable, well-nourished, safe and free from pain, fear and distress.” These are:
i) Freedom from hunger, thirst and malnutrition;
ii) Freedom from fear and distress;
iii) Freedom from physical and thermal discomfort;
iv) Freedom from pain, injury and disease; and
v) Freedom to express normal patterns of behaviour.
“These five freedoms are considered to be the fundamental principles of animal welfare and we can say that these freedoms find a place in Sections 3 and 11 of PCA Act and they are for animals like the rights guaranteed to the citizens of this country under Part III of the Constitution of India,” the Bench said.
It noted that a comprehensive investigation authorized by the Animal Welfare Board of India, investigators observed jallikattu events at venues in Avaniapuram, Palamedu and Alanganallur on the 14th, 15th and 16th of January 2013, respectively and reported that one bull died, many more injured and that the bulls were forced to participate and were deliberately taunted, tormented, mutilated, stabbed, beaten, chased and denied even their most basic needs, including food, water and sanitation. The findings of this investigation clearly show that bulls who are used in jallikattu are subjected to extreme cruelty and unmitigated suffering.”
The court chose to come out with a 12-point declaration and direction to the government and the Animal Welfare Board of India (AWBI) to protect animals, prevent infliction of unnecessary pain or suffering on them and impart education to people on proper treatment to the animals.
It also asked the government to take disciplinary act against the officials erring in complying with the PCA Act and its declaration.
