NEW DELHI: The Supreme Court on Thursday affirmed the validity of the laws amended by the states of Tamil Nadu, Karnataka and Maharashtra, which seek to legitimise the bull taming sport called ‘Jallikattu’, ‘Bullock Cart Race’ and ‘Kambala’, by taking note of the fact that the law and consequent rules prohibit causing any physical disturbance to the bulls.
A five-judge bench in the 56-page verdict authored by Justice Aniruddha Bose, while upholding The Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017, The Prevention of Cruelty to Animals (Maharashtra Amendment) Act, 2017, and The Prevention of Cruelty to Animals (Karnataka Second Amendment) Act, 2017, took note of the fact that the three states had taken Presidential Assent with regard to the law.
The court also directed the district magistrates/competent authorities to ensure strict compliance of the law contained in the Act/Rules/Notification. “In our opinion, the expressions Jallikattu, Kambala and Bull Cart Race as introduced by the Amendment Acts, of the three states have undergone substantial change in the manner they used to be practised or performed and the factual conditions that prevailed at the time the A Nagaraja (supra) judgment was delivered cannot be equated with the present situation.
We cannot come to the conclusion that in the changed circumstances, absolutely no pain or suffering would be inflicted upon the bulls while holding these sports. But we are satisfied that the large part of pain-inflicting practices, as they prevailed in the manner these three sports were performed in the pre-amendment period have been substantially diluted by the introduction of these statutory instruments.
Once we read the amended statutes with the respective Rules or Notification, we do not find them to encroach upon the Central legislation. The Amendment having received Presidential Assent, we do not think there is any flaw in the state action. As bovine sports have to be isolated from the manner in which they were earlier practised and organising the sports itself would be permissible, in terms of the Tamil Nadu Rules,” it said.
Although the SC said The Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017, is not a colourable piece of legislation, but opined that the exercise as to whether Jalikattu has become integral part of Tamil culture or not requires no religious, cultural and social analysis in greater detail cannot be taken by the judiciary.
