Date: 25/11/2022

Relevance: GS-1: Indian heritage and culture from ancient to modern times; Salient features of Indian Society, Diversity of India.

Relevance: GS-3: Prevention of Cruelty to Animals.

Key Phrases: Bull taming, Cultural festivals and sports in India, Jallikattu, Animal Welfare Board of India (AWBI), Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act of 2017, Prevention of Cruelty to Animals Act, 1960.

Context:

• Recently, the Tamilnadu government has defended Jallikattu in the Supreme Court stating that the Jallikattu has both religious and cultural significance for the people of Tamil Nadu and its influence is beyond the confines of caste and creed.
• The State protested that the ban on Jallikattu was perceived as an onslaught against the cultural identity of the people of Tamil Nadu.

Key Highlights:

• A Constitution Bench of the Supreme Court is expected to hear a batch of petitions seeking to strike down a Tamil Nadu law.
  • The law protects Jallikattu by claiming that the bull-taming sport is a cultural heritage of the State and is protected under Article 29 (1) of the Constitution.

Timeline of Legal issues of Jallikattu

• Jallikattu first came under legal scrutiny in early 2000s when the Animal Welfare Board of India and the animal rights group PETA moved petitions in the Supreme Court against Jallikattu as well as bullock cart races.
• In 2006, the Madras High Court banned the sport after the death of a young spectator.
• The Tamil Nadu government, however, worked its way out of the ban by passing a law in 2009 the Tamil Nadu Regulation of Jallikattu Act, 2009.
• In 2011, the Environment Ministry at the Center issued a notification specifically mentioning ‘bulls’.
• The Jallikattu practice continued to be held because of the Tamil Nadu Regulation Act No. 27 of 2009 even after the 2011 notice.
• The Animal Welfare Board of India (AWBI) and People for the Ethical Treatment of Animals (PETA) filed a petition in the Supreme Court again and contested that -
  • The regulations were not being followed and that bulls were indeed being subjected to cruelty as defined under the Prevention of Cruelty to Animals Act, 1960.
• The Supreme Court in its 2014 verdict banned Jallikattu and struck down the Tamil Nadu Regulation of Jallikattu Act, 2009.
• In January 2016, in what could be seen as a clearly political move, the union environment ministry revoked the ban by issuing a notification months before the elections in Tamil Nadu were due to be held.
• In January 2016, the Supreme Court stayed this 2016 Union Government notification, as it was challenged by the AWBI and PETA.
• In January 2017, several hundreds of protesters conducted a rally at Chennai Marina opposing the ban on Jallikattu.
• In January 2017, Tamil Nadu passed the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act of 2017 and Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules of 2017.
  • The statutes had re-opened the gates for the conduct of the popular bull-taming sport in the name of culture and tradition despite the 2014 ban by the Supreme Court.
• In the aftermath of Jallikattu comeback due to Tamilnadu legislation the Supreme Court had referred a bunch of petitions to the Constitution Bench in February 2018.

Arguments against the Jallikattu

• Ethical issues: An investigation by the Animal Welfare Board of India concluded that “Jallikattu is inherently cruel to animals”.
• Cruelty to animal: A report submitted by the AWBI before the Supreme Court in this case highlighted unimaginable torture inflicted- tails twisted and fractured, chemicals poured into eyes, ears mutilated, sharp edged weapons used to poke the animal.
• Human deaths: The event has caused several human deaths and injuries and there are several instances of fatalities to the bulls.
• Manhandling of animals: Animal welfare concerns are related to the handling of the bulls before they are released and also during the competitor’s attempts to subdue the bull.

Arguments in favour

• Native breed conservation: According to its protagonists, it is not a leisure sport available but a way to promote and preserve the native livestock.
• Cultural significance: Jallikattu has been known to be practiced during the Tamil classical period (400-100 BCE) and finds mention in Sangam texts.
• Man-animal relationship: Some believe that the sport also symbolizes a cordial man-animal relationship.

Conclusion

• Although there has been criticism on the ethical aspects of Jallikattu but as the government of Tamilnadu has stated in the Supreme Court “it is a practice which is centuries-old and symbolic of a community’s identity which can be regulated and reformed as the human race evolves rather than being completely obliterated.”
• It does not violate the principles of compassion and humanism and it is up to the honorable court whether people have a right to preserve their traditions and culture.

Source: The Hindu

Mains Question:

Q. Jallikattu is the manifestation of superiority of one race over the other. Critically analyze the statement in light of the cruelties inflicted by humans to the animals in the Jallikattu events. Also point out ethical issues and values involved. (250 words)