- The Supreme Court upheld The Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act of 2017 and Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules of 2017.
- A five-judge constitutional bench of the Supreme Court upheld the amendments made by Tamil Nadu, Maharashtra and Karnataka to ‘The Prevention of Cruelty to Animals (PCA) Act, 1960.
- Thus, the court allowed the bull taming sports like jallikattu, Kambala and bullock-cart races.
- The apex court in its observation held that the traditional bull-taming sport ‘Jallikattu’ has been going on in Tamil Nadu for the last century.
- The judgment holds that the 2017 Amendment Act and Rules on Jallikattu are in line with Entry 17 (prevention of cruelty to animals) of the Concurrent List, Article 51A(g) (compassion to loving creatures) of the Constitution.
- Also, that the Amendment Act leaves little room for cruelty to the animals. It remedies the mischiefs which were in vogue before the legislation came into existence.
- However, the court also observed that the jallikattu issue was “debatable”, and must ultimately be decided by the House of the People (Lok Sabha).
- The court also held that any violation of the statutory law (in this case, the 2017 law) in the name of “cultural tradition”, would attract the penal law.
Jallikattu: Timeline of the legal battle
- 2006: The Madurai Bench of Madras High court refused to allow a bullock cart race and directed the state government to take steps to prevent cruelty against animals.
- 2007: The jallikattu organizers file an appeal and the divisional bench stayed the orders, paving way to conduct the event. However, in July, 2007, the Supreme Court stayed this judgement.
- 2008: The organizers of the events filled petition in Supreme Court.
- 2009: The DMK government passes the Tamil Nadu Regulation of Jallikattu Act, 2009, that was challenged by PETA before the Supreme Court.
- 2011: the ministry of environment and forests bans the use of bulls as performing animals.
- 2014: Supreme Court bans jallikattu and strike downs the state law.
- 2016: Ministry of environment and forests modifies its earlier notification to permit the sports, however it was stayed by Supreme Court in the same year.
- 2017: Centre clears the ordinance proposed by Tamil Nadu government to bring state amendments to the prevention of Cruelty to Animals Act, 1960.
- 2017: Tamil Nadu passes the Jallikattu Bill thereby allowing the conduct of Jallikattu, that was again challenged by PETA in the Supreme Court.
- 2018: Supreme Court refers all petitions filed against the sports to a five Judge constitutional bench.
- May, 2023: The apex court uphold the state law and allows the conduct of Jallikattu.
SOURCE: THE HINDU, THE ECONOMIC TIMES, PIB