Jallikattu: Navigating the Intersection of Cultural Traditions and Animal Rights in India

Introduction

The origins of Tamil Nadu's ancient bull-taming sport, Jallikattu, may be traced back to the Tamil classical era. A wild bull is released into the crowd during the Pongal celebration in January, and people try to control or grab the bull's hump in order to tame it. Notwithstanding its traditional importance, animal rights organizations have repeatedly called for a prohibition due to worries about harm to both people and bulls[1]. To defend animal rights, the Supreme Court first banned the sport via repeated interventions. Residents of Tamil Nadu, however, took issue with this, believing it to be an infringement on their traditional customs. The modified rules that the different state governments had implemented were maintained by the Supreme Court in a recent decision.

Cultural Rights In Conflict With Animal Rights

Animal rights and cultural rights—which are guaranteed by Article 29(1)[2] of the Indian Constitution—became more antagonistic. The right of people to maintain their language, writing, or culture is protected under Article 29(1). The legal dispute was whether citizens of Tamil Nadu had the cultural right to preserve the ancient Jallikattu ritual. Jallikattu was originally outlawed by the Supreme Court in 2014 in the Animal Welfare Board of India v. A. Nagaraja case[3], citing concerns about animal cruelty. To protect the traditional custom, Tamil Nadu modified the Prevention of Cruelty to Animals Act in 2017[4], while the Union government permitted the practice with limitations in 2016.

Animal Rights

The Constitution gives the federal and state governments the authority to pass legislation safeguarding wildlife and outlawing animal abuse. The need to arrange agriculture and animal husbandry in a way that preserves and enhances animal breeds and the environment is emphasized in Articles 48[5] and 51 A(g)[6]. The identification and prevention of animal cruelty was greatly aided by the Wildlife Protection Act of 1972[7] and the Prevention of Cruelty to Animals Act of 1960. In the A. Nagaraja case, the court recognized that animals had an Article 21[8] right to life.

Recent Judgments Regarding Bovine Sports And Culture

On May 18, 2023, a major change happened when the Supreme Court reversed its 2014 ruling in the Animal Welfare Board of India & Ors v. Union of India & Ors case[9]. The Prevention of Cruelty to Animals Act, 1960[10] was amended by Tamil Nadu, Maharashtra, and Karnataka, permitting bull-taming activities. This decision was affirmed by a five-judge bench headed by Justice K M Joseph. The court acknowledged Jallikattu as a customary sport that is essential to the cultural legacy of Tamil Nadu. The court recommended that the Lok Sabha should have the last word on this contentious issue while maintaining the changes.

Conclusion

The verdict of the Supreme Court recognizes and strikes a balance between the emotional, traditional, and cultural values attached to bovine sports in many states, most notably Tamil Nadu, Maharashtra, and Karnataka. The court strikes a careful balance between addressing the concerns of animal rights and cultural rights by upholding state changes. It highlights how crucial it is for state laws to reflect cultural values and impels lawmakers to develop legislation that takes into account both animal rights and cultural sensibilities. State legislatures have the duty to create a peaceful equilibrium that protects cultural customs and upholds the rights of all living things, including animals.

Reference(s):

[1] Ramanujam J, “Jallikattu: From Indus Ritual to Tamil Cultural Icon...” (The New Indian Express, January 17, 2023)< https://www.newindianexpress.com/states/tamil-nadu/2023/jan/17/jallikattu-from-indus-ritual-to-tamil-cultural-icon-2538431.html> accessed on 3 November 2023.

[2] Constitution of India, art. 29(1)

[3] Animal Welfare Board of India v A. Nagaraja (2014) 7 SCC 547

[4] Prevention of Cruelty to Animals Act 1960

[5] Constitution of India, art. 48

[6] Constitution of India, art. 51 A (g)

[7] Wild Life Protection Act, 1972

[8] Constitution of India, art. 21

[9] Animal Welfare Board of India & Ors v Union of India & Ors. (2023) SCC OnLine SC 661

[10] Prevention of Cruelty to Animals Act, 1960