‘The Fast Track Supreme Court’, Constitution Bench Headed by Justice Joseph begins Hearing

The Supreme Court has started moving towards disposal of pending cases on a fast track. A Five Judge Constitution Bench of Justice KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar heard the arguments on Thursday on a batch of petitions challenging Tamil Nadu and Maharashtra government’s laws allowing the bull-taming sport “Jallikattu” and bullock cart races.

Tamil Nadu government in its affidavit has stated that Jallikattu is “not merely an act of entertainment or amusement but an event with great historical, cultural and religious value.”

Jallikattu is conducted during the Pongal festival as thanksgiving for a good harvest and subsequent festivals are conducted in temples which shows that the event has great cultural and spiritual significance, it has added.

In February 2018, the Supreme Court referred to the Constitution bench whether the people of Tamil Nadu and Maharashtra can conserve “Jallikattu” and bullock-cart races as their cultural right and demand their protection under Article 29 (1) of the Constitution.

The top court had earlier said that the petitions challenging the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017, needed to be decided by a larger bench since they involved substantial questions relating to the interpretation of the Constitution.

It had said that a larger bench would decide whether states have the “legislative competence” to make such laws on grounds, including that Jallikattu and bullock cart racing fell under the cultural rights enshrined under Article 29(1) and can be protected constitutionally.

Tamil Nadu and Maharashtra had amended the central law, the Prevention of Cruelty to Animals Act, 1960, and allowed Jallikattu and bullock cart racing, respectively.

The petitions were filed in the top court challenging the state laws.

A batch of petitions, led by People for Ethical Treatment of Animals (PETA), sought direction to quash the “Jallikattu” law passed by the Tamil Nadu Legislative Assembly, which brought bulls back into the fold of “performing animals”.

PETA had challenged the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Bill 2017 passed by the state assembly on several grounds, including that it circumvented the apex court verdict holding the bull-taming sport as “illegal” in the state.