FULL CASE HISTORY OF JALLIKATTU IN TAMIL NADU(PART-4)

6 Jallikattu: Red Rag For the Law

NEW DELHI: The Central Government issued a notification on January 7, 2016 exempting the event of Jallikattu from the otherwise illegal act of bulls being exhibited or trained as performing animals. This exemption allowed for events such as Jallikattu in deference to customs and traditions of certain communities.

The Centre issued this notification in spite of the judgment of the Supreme Court of India in 2014 (Animal Welfare Board of India vs A.Nagaraja) having declared “Jallikattu” an illegal act as it violated the provisions of The Prevention of Cruelty Act 1960.

Significantly, in 2011 the Ministry of Environment and Forests (MEOF) had taken out a notification that specifically included the “bull” to be protected from any exhibition or training as a performing animal. However during the hearing of the Animal Welfare Board Case in 2014 the MEOF had told the court that they would seek exemption of bulls participating in Jallikattu from this notification.

So there is nothing in the January notification that the Supreme Court of India has not previously decided in its 2014 judgment. To briefly mention the statutory laws and rules that the court in the Animal Welfare case found “jallikattu” violating:

One, reports filed by the Animal Welfare board and other organizations detailed a record of fracture and dislocation of tail bones, frequent defecation and urination resulting from fear arising from the poking of bulls with sticks and knives, packing of bulls in small areas, rubbing of irritants in eyes and nose, forcing consumption of liquids and other forms of physical abuse that have often lead to the death of bulls. The court found these acts violating various clauses of section 11 of the PCA Act 1960 (treatment of animal causing pain and suffering, willful administration of injurious drug and substance, mutilation of body etc.).

Two, bulls are not performing animals. They are recognized by the Prevention of Cruelty to Draught and Pack Animal Rules 1965 as draught and pack animals used for agriculture and farming purpose. Bullocks because of their large abdomen, thorax and limited flexion of joints have a limited ability to run. Interestingly The Prevention of Cruelty to Animals (Transport of animals on foot) 2011 states that no person can use a stick or whip to fasten pace of walk of the bull. In Jallikattu they are made to run by making them fearful and nervous. Bulls are not performing animals. They are forced to perform by inflicting pain. This violates sections 3 (duty of person in charge of animal) and 11 of the PCA Act 1960.

Three, it violates section 11 (m) ii (to incite any animal to fight for providing entertainment) of the PCA Act 1960 and section 8 (1) (vii) (should train as according to animal instinct) of performing animals (Registration) rules 2011. The court decided that to incite a bull to fight and force him in a situation where he is fearful and hurt is cruel. Further a bull is not trained according to his natural instinct. As senior lawyer KK Venugopal told the court the bull left alone at the Jallikattu arena will walk from one end to another looking for someone to give him a banana! That is their natural instinct. They are tortured to panic and be in “flight response”

Four, the Court also struck down the state notified Tamil Nadu Regulation of Jallikattu Act 2009 finding the act inconsistent with several provisions of the central statute of PCA Act 1960. The court correctly concluded that as per Article 254 (1) of the Constitution of India, a state made law when found to be inconsistent to any provision of a law made by parliament should be void.

The only argument the Centre has raised in its latest 2016 notification is for continuing this sport for the cultural and traditional significance that it has for certain communities in Tamil Nadu. The Supreme Court in the Animal welfare case and the TNRJ Act 2009 itself has recognized that Jallikattu does not violate any religious rights. Further the Court in its judgment made clear that PCA Act being a welfare provision to protect animals from human exploitation for entertainment overrides tradition and culture. No custom when violating a mandate of the Constitution and the law of the land can be upheld by a Court of law.

Article 51A (g) of the Constitution was invoked by the court to remind Indians of the fundamental duty to protect and have compassion for living creatures. The court also reminded us that killing of animals and experimenting on animals stands exempted under the PCA Act as it has certain human benefits. The judges found acts like Jallikattu non-essential activities where bulls are intentionally physically and emotionally hurt for human pleasure. Bulls are naturally peaceful animals and do not rush into the fighting arena to enjoy themselves. It is the aggravating pain when put in narrow vessels (vadi vassal) for hours, faced with constant injuries that they try and escape only to be surrounded by mobs of persons. The meaning of “life” for animals must include a life of intrinsic worth and dignity.

Jallikattu has not taken place since 2011 and it is no coincidence that the year when the state of Tamil Nadu goes to elections there is sudden flurry of action in MEOF. What is dangerous is that the political establishments blatantly disregard the judgment of our highest constitutional court. The State of Tamil Nadu has requested an Ordinance (Article 123 of the constitution allows for ordinances to be promulgated when both houses of parliament are not in session and the president is satisfied that the circumstances exist that render immediate action.) to overcome the Animal Welfare judgment and enforce Jallikattu contrary to the position held by the Supreme Court. This would completely disregard the Supreme Courts judgment and can be read as a case of legislative overreach.

On January 12 and 13, 2016 the Supreme Court again has made clear that Jallikattu will not be allowed in view of the previous judgment of the court. The political class will put forward the now familiar argument of representing the will of the people to push the case for an ordinance. The Supreme Court for the last 65 years has importantly served, as per our constitutional scheme, as a strong anti majoritarian institute (as I have argued in Supreme Court: The Bulwark Of Democracy). In this case also the court has correctly held above sectarian political interest the ideals of the constitution of humanism and compassion for living creatures while also upholding the law as stated in PCA Act 1960.

On 8 January 2016, the Ministry of Environment and Forests permitted the continuation of the tradition under certain conditions, effectively ending the ban. However, on 14 January 2016, the Supreme Court of India issued a stay on this order, upholding the ban, after a petition filed by the Animal Welfare Board of India and PETA India, leading to protests all over Tamil Nadu.^[  The Supreme Court refused to review its decision on 26 July 2016.

7.Elections in Tamil Nadu close, Centre revokes ban on Jallikattu

A notification issued Thursday evening by the Environment Ministry modifies its own 2011 order that included bulls in the list of animals that “shall not be exhibited or trained as performing animal”. A Supreme Court order in 2014 had backed the ban on Jallikattu.

The new notification says that “bulls may be continued to be exhibited or trained as a performing animal — at events such as Jallikattu in Tamil Nadu and bullock cart races in Maharashtra, Karnataka, Punjab, Haryana, Kerala and Gujarat — in the manner by the customs of any community or practiced traditionally under the customs or as a part of culture, in any part of the country”. The notification mentions that this exemption is subject to the condition that bulls are treated properly and not subjected to cruelty.

Political parties in Tamil Nadu welcomed the Centre’s decision, while activists and NGOs said they would approach the court next week to get the decision revoked. MDMK leader Vaiko and Dalit party VCK’s leader Thirumavalavan were among the first to thank the Centre. They were followed by Tamil Nadu Congress Committee chief E V K S Elangovan, PMK leader S Ramadoss and Chief Minister J Jayalalithaa.

Ever since the Supreme Court backed the Jallikattu ban, citing cruelty to animals as the reason, all parties in the state have been demanding that the Centre restore the event through an Ordinance. MoS Pon Radhakrishnan was the first to tweet about the decision Friday morning, after he was informed about it by Environment Minister Prakash Javadekar.

The decision by the NDA government comes three months before Assembly elections in the state, where the BJP is attempting to strike an alliance with the AIADMK or the PMK. BJP state president Tamilisai Soundararajan said the decision will help them in the polls. She claimed party chief Amit Shah had met Javadekar several times, which led to the Centre’s decision. “There was a view in Tamil Nadu that only regional parties understand regional sentiments. The BJP has proved otherwise,” she said.

Jallikattu is popular in the districts of Madurai, Tiruchirappalli, Theni, Pudukkottai and Dindigul — a region also known as the Jallikattu belt, which has a sizeable population of OBCs. The event begins with bulls being released into an arena. Participants then tackle the animal by its hump and try to hang on till they cross the finishing line.

In the last one decade, Jallikattu has gained in popularity — among citizens and politicians alike. For instance, in Madurai, once the stronghold of M K Alagiri, bull tamers would wear T-shirts with his picture.

“It may not be a deciding factor in the polls but it plays a major role in rural areas,” said a senior DMK leader, who said he personally does not favour the event. “I have seen bulls being beaten, poked with spiked instruments and given electric shocks. But the logic of animal cruelty does not work in politics.”

Don Williams of Blue Cross, an animal welfare organisation, said the ban has not been lifted by the Supreme Court but only by politicians. “It seems the animals have to start speaking for themselves. Learned judges of the court had banned it in the interest of both humans and animals. Politicians have lifted the ban. We will challenge it,” he said.

“About 95 per cent of bull tamers are illiterate and unemployed rural youth, who are indulging in animal cruelty and risking their own lives,” said A Narayanan, an activist who has researched on the subject.

8.Ministry of Environment and Forest allows use of bulls in Jallikattu in Tamilnadu

Ministry of Environment and Forest, Government of India has issued a notification declaring that bulls may be continue to be exhibited or trained as a performing animal, at events such as Jallikattu in Tamil Nadu.

In 2011, MoEF has issued a notification which had banned the use of bulls as performing animals, thereby banning Jallikatuttu. However the sports continued to be held under Tamil Nadu Regulation of Jallikattu Act, 2009. On 7 May 2014, the Supreme Court of India struck had down the state law and banned the sport.

G.S.R. 13(E).—In exercise of the powers conferred by Section 22 of the Prevention of

Cruelty to Animals Act, 1960 (59 of 1960), and in supersession of the notification of the Government

of India in the Ministry of Environment and Forest, Government of India number G.S.R. 528(E),

dated the 11th July, 2011, except as respects things done or omitted to be done before such supersession, the Central Government, hereby specifies that the following animals shall not be exhibited or trained as performing animal, with effect from the date of publication of this

notification, namely:—

1. Bears

2. Monkeys

3. Tigers

4. Panthers

5. Lion

6. Bulls

Provided that bulls may be continue to be exhibited or trained as a performing animal, at events suchas Jallikattu in Tamil Nadu and bullock cart races in Maharashtra, Karnataka, Punjab, Haryana, Kerala andGujarat in the manner by the customs of any community or practiced traditionally under the customs or as apart of culture, in any part of the country subject to the following conditions, namely:—

(i) such event shall take place in any Districtwhere it is being traditionally held annually, atsuch

place explicitly permitted by the District Collector or the District Magistrate;

(ii) bullock cart race shall be organised on a proper track, which shall not exceed two kilometres.

In case of Jallikattu,the moment the bull leaves the enclosure, it shall be tamed within a radial distance of 15 metre;

(iii) ensure that the bulls are put to proper testing by the authorities of the Animal Husbandry and

Veterinary Department to ensure that they are in good physical condition to participate in the event and performance enhancement drugs are not administered to the bulls in any form; and

(iv) ensure that the rights conferred upon the animals under section 3 and clause (a) and clause (m)

of sub-section (1) of section 11 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960)and five freedoms declared by the Hon’ble Supreme Court in its order dated 7th May, 2014 in

Civil Appeal No. 5387 of 2014 are fully protected during such events:

Provided further that any event of Jallikattu or bullock cart races so organised shall be held with the

prior approval of the District Authorities concerned:

Provided also further that the Jallikattu or bullock cart races so organised shall be duly monitored bythe District Society for Prevention of Cruelty to Animals and State Animal Welfare Board or the District

Authorities as the case may be, ensuring that no unnecessary pain or suffering is inflicted or caused, in any manner, whatsoever, during the course of such events, or in preparation thereof.

[F. No. 27/01/2011-AWD]

HEM PANDE, Special Secy.