Supreme Court

PETA Files Review Petition in SC Against the Verdict Allowing Jallikattu in Tamil Nadu

Animal rights organization, People for the Ethical Treatment of Animals (PETA), has approached the Supreme Court, seeking a review of its May 18 verdict that upheld the validity of the amendments made by Tamil Nadu to the Prevention of Cruelty to Animals Act (PCA Act), thereby permitting the bovine sport Jallikattu.

A Constitution Bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and CT Ravikumar had, in its judgment, held that the amendments were introduced to reduce the pain and suffering of bovines and to allow the sport to continue.

“The State action has no flaw… It is a bovine sport, and participation will be allowed as per the rules. The Act is not relatable to Article 48 of the constitution. Though there may be an incidental impact on certain types of bulls affecting agricultural activity, it is referable, in pith and substance, to Entry 17, List III of the Seventh Schedule to the Constitution of India,” the judgment reads.

The top court had also upheld laws allowing Kambala and bull cart racing in Karnataka and Maharashtra.

The Court further stated that the laws do not violate Articles 51A(g) and 51A(h), and thus do not infringe Articles 14 and 21 of the Constitution of India.

Earlier in May 2014, the apex court had held that Jallikattu was violative of the rights of the animals involved as well as the Prevention of Cruelty (PCA) Act.

Regarding the cultural aspect of the sport, the apex court had specifically held that Jallikattu, as it is practiced today, had never been the culture or tradition of Tamil Nadu.

Therefore, the Tamil Nadu Jallikattu Regulation Act of 2009 (TNJR Act), which regulated the practice, was struck down in 2014.

However, in January 2016, the Central government issued a new notification carving out an exception for Jallikattu and bullock cart races from the scope of the PCA Act. This notification came to be challenged before the Supreme Court.

Later, the State government enacted the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act of 2017.

These, in effect, paved the way for bull-taming sports like Jallikattu to take place.

The notification and the amendments were challenged before the top court, which upheld them in May this year.

 

Nunnem Gangte

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