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Source: The post is based on the article “Supreme Court upholds Tamil Nadu law passed to overturn court’s jallikattu ban” published in TOI on 19th May 2023
What is the News?
The Supreme Court has upheld amendments made by Tamil Nadu, Karnataka and Maharashtra to the Prevention of Cruelty to Animals Act, 1960, to allow the traditional bull-taming sports of Jallikattu and Kambala, and bullock-cart racing.
What is Jallikattu?
What is Kambala?
What was the issue before the Supreme Court?
What did the SC rule on the amendments made by state governments to allow bull-taming sports?
Amendments not a piece of colourable legislation: The Supreme Court held that the amendments passed by the State Governments to allow the traditional bull-taming sports of Jallikattu and Kambala are not a piece of colourable legislation.
Note: Doctrine of Colourable Legislation means when a legislature does not have the power to make laws on a particular subject directly, it cannot make laws on it indirectly.
Amendments minimize cruelty: The amendments minimize cruelty to animals in the concerned sports. Once it is implemented and read with the rules, the sports will not come under the definition of cruelty defined in the 1960 Act.
– Moreover, since the amendment has received Presidential assent; hence, there is no flaw in the state action.
Jallikattu has historical context: The court said that when the legislature has declared that Jallikattu is part of the cultural heritage of Tamil Nadu, the judiciary will not go against the view.
Amendments do not violate fundamental rights and duties: The amendment does not violate Articles 51-A (g) and 51-A (h) which impose duties on Indian citizens to protect the environment and develop a scientific temper, humanism, spirit of inquiry, and reform, respectively.
– Further, it also held that the amendment didn’t violate Articles 14 (Right to Equality) and 21 (Right to Life) of the Constitution.
