The Tamil Nadu Government’s Ordinance paving the way for Jallikattu has allowed bulls to be used as a performing animal limited to the conduct of the event. And holding the event is now not an offence under the Prevention of Cruelty to Animals (PCA) Act in Tamil Nadu.
The amendments are significant since bulls remain a prohibited performing animal in the rest of the country but not for purposes of Jallikattu in the southern State.
Moreover, if anybody is found to commit any acts of cruelty to the bulls during the conduct of Jallikattu, they cannot be punished under the Prevention of Cruelty Act 1960 as the Ordinance exempts Jallikattu from being an offence under the same Act. It will now be necessary for the State Government to bring out Regulations to ensure no cruelty is caused to the bulls during the conduct of Jallikattu.
The Ordinance titled “Prevention of Cruelty to Animals (Tamil Nadu Amendment) Ordinance 2017” has introduced the term “Jallikattu” into the Act defining it as an “event involving bulls”. It justifies the event saying it plays a “vital role” in ensuring surviving and continuance of native breeds of bulls besides preserving and promoting tradition of culture among in people in large parts of Tamil Nadu.
The Act in its original form did not apply to a set of six exceptions. These included dehorning/castration/nose-horning of cattle; destruction of stray dogs by methods prescribed in law; extermination or destruction of any animal under authority of any law in force, destruction of animals for purposes of experimentation, destruction of any animal for preparation of food for mankind, and sacrifice of animals as required by any religious community.
While these exceptions remain, the Ordinance adds to this a seventh one, “conduct of Jallikattu”.
The Ordinance was issued by the Governor under Article 213(1) of the Constitution which states that an Ordinance can be issued when legislative Assembly is not in session. The letter written by the State to the Centre conveying its decision to promulgate an Ordinance states, “In view of urgency and as the legislative Assembly of the State is not in session, it has been decided to promulgate an Ordinance.”
The Supreme Court had banned performance of Jallikattu in its landmark decision of May 2014 in Animal Welfare Board v A Nagaraja. It had then dealt with a State law titled ‘The Tamil Nadu Regulation of Jallikattu (TNRJ) Act 2009’ which had supported continuation of the sport in the name of preserving culture and tradition. Striking down the State legislation, the court held, “The TNRJ Act basically safeguards the interest of the organisers and spectators while conducting the event of Jallikattu unlike PCA Act which is an eco-centric legislation enacted to ensure the well being and welfare of animals and to prevent unnecessary pain or suffering of the animals.”
Presently, the apex court has reserved judgment on an Ordinance issued by Centre pursuant to the May 2014 judgment that seeks to exempt Jallikattu by introducing safeguards to the PCA Act.