SC rejects plea to stay Jallikattu law


The Hindu

Context

A few hours after the President gave his assent on Tuesday to the Tamil Nadu amendments in the Prevention of Cruelty Act of 1960 to allow Jallikattu, the Supreme Court refused to stay the new State law

Petition declined

Allowing the Central government to withdraw its January 7, 2016 notification permitting jallikattu, the Bench declined the plea of NGO Compassion Unlimited Plus Action for an interim stay on the operation of the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017

Bench’s position

Basis of the challenge: It asked the organisation and other animal rights activists the ‘basis’ of their challenge to the new State law

  • Preservation of culture: Referring to the amendments made by the Tamil Nadu Assembly to the 1960 Central Act, Bench pointed out that the declared object of the new legislation is the preservation of a particular breed of bulls
  • Within the ambit of culture or not?: Court will decide on whether Jallikattu comes within the ambit of ‘culture’ meant in Article 29 (1) and whether this kind of a sport or event or activity is safe. Conservation of a culture should not involve inflicting unnecessary pain [on] or suffering to animals

Article 29 (1)

Center’s arguments

  • Article 29 (1) of the Constitution mandates that citizens have the right to take measures to “conserve their culture.”
  • Article 48: If Jallikattu is cruelty, what about slaughtering of animals? Slaughtering is done not only for food but also in the name of religion like halaal and sacrifices of goats, etc. Section 11 (3) (e) of the 1960 Act, which is a Special Act, exempts slaughter for food despite the fact that Article 48 prohibits slaughter”
  • Bench’s counter: Slaughtering for food comes within the purview of Doctrine of Necessity. Section 11 (3) (e) permits slaughter for food but also mandates that the animal should be killed without inflicting upon it unnecessary pain and suffering