New Delhi: In a severe blow to Tamil Nadu, the Supreme Court on Wednesday refused to lift the ban on Jallikattu and dismissed the petition seeking review of the May 7, 2014 judgment banning jallikattu in the State.
A Bench of Justices Dipak Misra and Rohinton Nariman, in its judgment, said on a scrutiny of the 2009 Jallikattu Act passed by Tamil Nadu, it is manifest that events include taming of bulls though jallikattu is named as an event. It noted that the Prevention of Cruelty to Animals Act, 1960 Act is dedicated to prevent unnecessary pain and suffering caused to animals which objective cannot be overlooked.
The Bench rejected the contention of Tamil Nadu that no ticket or fee is issued for the jallikattu event and no cruelty is meted out to the bull cannot be accepted as "cruelty" is inherent in the event which is prohibited under the provisions of the Prevention of Cruelty to Animals Act.
The court did not buy the argument that jallikkattu is a religious and cultural festival/ sporting event which bears a religious significance to the people of Tamil Nadu for over 1,000 years and should be protected under Article 25 of the Constitution.
Justice Misra, writing the judgment, said “How does Article 25 come in here? jallikattu is not a religious event. You (State) are defaming the framers of the Constitution by linking jallikattu to Article 25. We are unable to connect this kind of reference to an event with the right to freedom of religion as it is totally alien to Article 25 of the Constitution.”
The bench said it is inconceivable that a bull which is a domestic animal should be tamed for the purpose of entertainment during the Pongal harvest festival. It is legally impermissible as the event has inherent cruelty to the animal. The becnh said the very act of “taming a bull” to perform in an event runs counter to the concept of welfare of the animal, which is the basic foundation of the Prevention of Cruelty to Animals Act
On the January 7, 2016 notification issued by the Union Ministry of Environment permitting jallikattu with certain conditions and safeguards, the Bench observed in its order that the validity of the notification would be adjudged by the court in the parameters of the 1960 Act and posted the matter for further hearing on December 1.
