NE NEWS SERVICE
NEW DELHI, DEC 1
Tamil Nadu Government on Thursday claimed that jallikattu or ‘eruthazhuvuthal’, a bull-taming sport, involved an ancient practice of breeding native bulls by the local communities as part of the Pongal harvest festival.
The Supreme Court, which is hearing a challenge to a Tamil Nadu law allowing “jallikattu”, on Thursday asked the state government how is the bull-taming sport necessary for preserving the native breed of bulls.
A five-judge Constitution bench headed by Justice K M Joseph also asked the state whether an animal can be used, as in “jallikattu”, for the entertainment of humans.
- Tamil Nadu amended law that allows Jallikattu seeks to prevent cruelty on animals: Sibal
- The hearing remained inconclusive and will continue on December 6.
“They are saying it is a colourable legislation because it perpetuates cruelty. But there is a presumption. The new regime seeks to prevent it. If it seeks to prevent it, it cannot be a colourable exercise of power,” Senior Advocate Kapil Sibal for the Tamil Nadu government told the constitution bench led by Justice KM Joseph.
Referring to the rules by which safeguards have been embedded, he said the basic rules of Jallikattu do not permit the bull to be tamed/restrained by using any instruments like sticks, ropes or knives and do not permit the participants to hold any other part of the bull except the hump.
“Changes that have been introduced by way of rules, Only one person approaches the bull. Participants are not allowed to touch the bull. It is ‘participants and bulls’ and not ‘participant and bull’ because there are several participants and several bulls,” he added.
It was also Sibal’s contention that since Jallikattu involved an ancient practice of breeding native bulls by the local communities it also served the cause of conservation of a Native breed of cattle. Laying emphasis on the fact that the protection of the native breed of bulls is a policy decision, Sibal said that the ban on Jallikattu between 2014 and 2016 had depleted the precious native germplasm.
“It is to showcase the bull. its vigour. Its strength. To show that this is bull you should mate your cow with. What’s wrong with that my lords? In 80% of the cases, there is no fear to the bull. They run away and nobody can touch them. Humans are instead afraid. There is no issue of lack of constitutionality, there is legislation in place, new rules have been put in place if they have a grievance they can move the appropriate court,” he also added.
On agreeing to examine the basis for providing Presidential assent to the three state laws that allowed the sport, the five-judge bench also asked SG Tushar Mehta to apprise the bench whether the state had also placed rules governing the conduct of Jallikattu.
“I have seen the files presented before the President for assent. Every single aspect was submitted,” Mehta had submitted.
The hearing remained inconclusive and will continue on December 6.
The Constitution bench had on November 24 commenced hearing arguments on a batch of petitions challenging the Tamil Nadu and Maharashtra laws allowing “jallikattu” and bullock-cart races.
The Tamil Nadu government recently told the top court that “jallikattu” is a religious and cultural festival that bears a “religious significance” to the people of the state and does not violate the provisions of the Prevention of Cruelty to Animals (PCA) Act, 1960.
In a written submission filed in the apex court, the state said “jallikattu” is not merely an act of entertainment or amusement but an event with great historic, cultural and religious value.
“Jallikattu not only preserves the cultural and traditional heritage, the cause of conservation of a native breed of cattle is also addressed by the continuous conduct of these events,” it has said.
The apex court is considering five questions referred to it by a two-judge bench of the top court in February 2018.
