Jallikattu: Cultural Heritage Versus Animal Rights

Jallikattuis an age-old bull-taming sport organised in the state of Tamil Nadu during Pongal festival. In Jallikattu, one bull at a time is released into a crowd of people, and multiple human participants attempt to grab the large hump on the bull's back with both arms and hang on to it while the bull attempts to escape. In the year 2014, in the case of Animal welfare board of India Vs A. Nagaraj & Ors,2014, Supreme court banned the sport because of the unnecessary suffering and pain inflicted to the bull for human pleasure and enjoyment.

Jallikattu has been practised for thousands of years in Tamil Nadu and finds mention in Sangam literature, which dates back to as early as 200 BC. It started as a simple act of bravery, later it assumed different forms and shapes like Jallikattu (in the present form), it became a sport for entertainment which is based on the concept of flight or fight.

Tamilians claim that Jallikattu is their heritage and cultural identity. The Torture that is meted out to the bulls during Jallikattu (a part of their so-called culture) was barbaric. There are instances of lemons being squeezed into the bulls’ eyes, chilli powder rubbed on to their genitals, the force-feeding ofliquor and even cases of the animal having its tail twisted and bitten had been brought to light.

Supreme Court in the case of N. Adithayan v Travancore Dewaswom Board and Others (2002), while examining the scope of Articles 25(1), 2(a), 26(b), 17, 14 and 21, held as follows: “No custom or usage which is found to be pernicious and considered to be in derogation of the law of the land be accepted or upheld by courts in the country.”Jallikattu is in derogation of the constitution and the Prevention of Cruelty to Animals Act,1960.

In the case of AWBI v A. Nagaraj & Ors., Animal welfare Board of India(AWBI), a statutory Board, established under Section 4 of the Prevention of Cruelty to Animals Act,1960 (PCA Act) for the promotion of animal welfare and for the purpose of protecting the animals from being subjected to unnecessary pain or suffering has taken up a specific stand that Jallikattu inherently violate the provisions of the PCA Act, particularly, Section 3, Sections 11(1) (a) & (m) and Section 22 of the PCA Act. The Apex court held that the Constitution of India categorically does not permit cruelty to animals, and it was based on this very constitutional point that the Supreme Court banned Jallikattu.

Later on, Tamil Nadu state govt. framed rules and brought amendments in order to conduct the sport as usual as there was an ordinance passed by the TN Government to allow bull-taming sports on the name of preserving cultural heritage. Currently, there is another petition against the government’s actions and the SC is headed to resolve the issue of Culture versus Animal Rights.