PANJIM: The Supreme Court upholding the validity of the traditional bull-taming sport ‘Jallikattu’ in Tamil Nadu and bullock-cart races in Maharashtra could give a ray of hope to Goa, where often demand is made by some ‘dhirio’ lovers to legalise bullfights in the State.
In its 56-page verdict, the five-judge bench held that the Tamil Nadu Amendment Act minimises cruelty to animals in the concerned sports and once the Amendment Act, along with their Rules and Notification are implemented, the aforesaid sports would not come within the mischief sought to be remedied by Sections 3, 11(1) (a) and (m) of the 1960 Act.
It said, “Jallikattu is a type of bovine sports and we are satisfied on the basis of materials disclosed before us that it is going on in TN for at least last few centuries.”
“This event essentially involves a bull, which is set free in an arena and human participants are meant to grab the hump to score in the “game”,” the bench observed.
“The question as to whether the Tamil Nadu Amendment Act is to preserve the cultural heritage of a particular State is a debatable issue, which has to be concluded by the State Assembly,” the bench said.
Since legislative exercise has already been undertaken and Jallikattu has been found to be part of cultural heritage of Tamil Nadu, the bench did not wish to disrupt the view of the legislature. It did not accept the view reflected in the case of Animal Welfare Board of India versus A Nagaraja and others that performance of Jallikattu is not a part of the cultural heritage of Tamil Nadu people.
Jallikattu is part of culture and tradition in Preamble of TN Act
In the Preamble to the Amendment Act, Jallikattu has been described to be part of culture and tradition of Tamil Nadu.
The SC division bench in case of A Nagaraja (supra) had found cultural approach unsubstantiated and referring to the manner in which the bulls are inflicted pain and suffering, had concluded that such activities offended relevant Sections of the 1960 Act.
In A Nagaraja (supra), the sports were held to attract the restriction of Sections 3 and 11(1)(a) and (m) of the 1960 Act because of the manner it was practiced.
The Amendment Act read with the Rules seek to substantially minimise the pain and suffering and continue with the traditional sports.
Since Amendment Act has received President’s assent, the bench was of the opinion that there is no flaw in the State action.
“Jallikattu” as bovine sports has to be isolated from the manner in which they were earlier practiced and organising the sports itself would be permissible, in terms of the Tamil Nadu Rules.
The Tamil Nadu Amendment Act is not in pith and substance, to ensure survival and well-being of the native breeds of bulls. The said Act is also not relatable to Article 48 of the Constitution of India. Incidental impact of the said Amendment Act may fall upon the breed of a particular type of bulls and affect agricultural activities, but in pith and substance the Act is relatable to Entry 17 of List III of the Seventh Schedule to the Constitution of India.
TN Amendment Act does not violate Constitution of India
*The TN Amendment Act does not violate the provisions of Articles 14 and 21 of the Constitution of India.
*The TN Amendment Act read with the Rules is not directly contrary to the ratio of the judgment delivered by division bench in November 2016 dismissing the plea for review of the A Nagaraja (supra) judgment.
TN Amendment Act also to guide bullock-cart races in Maharashtra
*TN Amendment Act would also guide the Maharashtra and the Karnataka Amendment Acts as bench found all three Amendment Acts to be valid legislations.
*Directed that the law contained in the Act/Rules/Notification be strictly enforced by the authorities.
*Directed that the District Magistrates/competent authorities shall be responsible for ensuring strict compliance of the law, as amended along with its Rules/Notifications.
