Jallikattu is a traditional sport originating from the Indian state of Tamil Nadu. Celebrated in January during the Tamil harvest festival, Pongal, the sport involves releasing a wild bull into a crowd of people. Participants attempt to grab the bull’s hump and ride it for as long as possible or bring it under control. Despite its cultural roots and popularity, Jallikattu has been subject to much controversy owing to concerns about animal welfare.
Jallikattu and Its Association with Article 29 (1)
The primary concern raised in relation to Jallikattu revolves around its constitutional protection as a collective cultural right under Article 29 (1). This article is a fundamental right included in Part III of the Constitution and is intended to secure the educational and cultural rights of citizens. The court has been responsible for examining whether laws related to Jallikattu perpetuate cruelty to animals or whether these laws ensure the survival and wellbeing of native breeds of bulls.
The Constitutional Bench’s Considerations
A Constitution Bench of the Supreme Court reserved judgments on petitions seeking to strike down a law in Tamil Nadu which defends Jallikattu from legal challenges. The bench considered if the new regulations on Jallikattu were consistent with Article 48 of the Constitution, which encourages the state to organize modern and scientific agriculture and animal husbandry practices. Additionally, the bench analyzed whether Jallikattu and similar laws on bullock cart races in Karnataka and Maharashtra could serve in preventing animal cruelty, under the principles of the Prevention of Cruelty to Animals Act of 1960.
Legal Interventions and Regulations
In 2011, the Centre added bulls to the list of animals whose training and exhibition were prohibited. However, in May 2014, the Supreme Court banned Jallikattu entirely due to concerns of animal cruelty. The contentious point in this matter is the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act 2017 and Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules 2017, which effectively re-opened the gates for Jallikattu in Tamil Nadu under the guise of protecting cultural traditions despite the 2014 Supreme Court ban.
Arguments For and Against Jallikattu
Supporters of Jallikattu claim that the sport plays a unique religious and cultural role in Tamil Nadu and is symbolic of the community’s identity. They argue that rather than banning such practices outright, regulating them would be a more suitable approach. On the contrary, opponents argue that animal lives are closely tied to human lives and that such traditions can result in unnecessary harm to both bulls and humans. The opposition also contends that there is no convincing justification for recognizing Jallikattu as a part of culture and compares it to dated, harmful practices such as Sati and dowry systems.
Comparisons with Similar Sports in Other States
Karnataka also passed a similar law protecting a bull racing sport known as Kambala. Apart from Tamil Nadu and Karnataka, these types of sports remain banned in all other Indian states including Andhra Pradesh, Punjab, and Maharashtra due to the 2014 Supreme Court order. This ban upholds the belief that cultural practices that potentially harm animals should not be encouraged or protected under the law.