Putting end to TN’s Jallikattu, Maharashtra’s bullock-cart race
Ending centuries-old custom of Jallikattu (traditional bull fight of Tamil Nadu) and bullock-cart race (mainly in Maharashtra) that coincided with harvest season, the Supreme Court on Wednesday banned use of bullocks and bulls in these events on the ground that it amounted to cruelty against animals.
Raising the bar for protection of animal rights, the Bench of Justices KS Radhakrishnan and PC Ghose recommended Parliament to elevate rights of animals to that of “constitutional rights” to ensure observance of Prevention of Cruelty to Animals (PCA) Act 1960.
Deciding on two sets of appeals brought against separate orders passed by Madras High Court (allowing Jallikattu) and Bombay High Court (rejecting bullock-cart race), the bench agreed with the submission made by Animal Welfare Board that bulls used in Jallikattu and bullock-cart race were not “performing animals”. This attracted the prohibition under a Central notification dated July 11, 2011 which bans the exhibition of bulls or training them as performing animals.
The bench said, “Taming of bulls in arena during Jallikattu, as per the Tamil Nadu Regulation of Jallikattu Act 2009 is not for the well-being of the animal and causes the unnecessary pain and suffering, that is exactly what the PCA Act wants to prevent for the well-being and welfare of animals, which is also against the basic natural instinct of the bulls.”
PCA Act Section 3 and Section 11(1)(m) specifically makes it an offence against a person who incites any animal to fight with a view to provide entertainment. Section 5 of the TN Act envisaged a fight between a bull and bull tamers, which the court declared to be prohibited under PCA provisions.
The Animal Welfare Board presented pictures to show the amount of pain, suffering and torture suffered by bulls during the Jallikattu, which was centuries-old tradition in the State that developed as a religious and cultural event. The events witnessed many deaths and grievous injuries to persons participating in the fights.
The court held, “Bulls cannot be used as performing animals, either for the Jallikattu events or bullock-cart races in the States of Tamil Nadu, Maharashtra or elsewhere in the country,” permitting the Animal Welfare Board to take disciplinary action against defaulters.
Taking cue from the high regard placed by various countries to animal welfare legislations, the Bench directed, “Parliament is expected to elevate rights of animals to that of constitutional rights, to protect their dignity and honour.”