Jallikattu to Face Legal Hurdle Again? Supreme Court's Constitution Bench to Hear Clutch of Petitions Seeking Ban
Jallikattu was earlier criminalised by the top court in May 2014. The ban, however, was reversed through a special legislation passed by the Tamil Nadu assembly in January 2017.
Chennai, Feb 2: The Supreme Court's Constitution bench, comprising Chief Justice of India Dipak Misra and Justice Rohinton Fali Nariman, would hear a clutch of petitions challenging the legislation passed by Tamil Nadu assembly last year to legalise the bull-taming festival of Jallikattu.
The court on Friday said a total of five questions have been framed by CJI Misra and Justice Nariman which would be adjudicated by the Constitution bench.
The practice of Jallikattu was earlier criminalised by the top court in May, 2014, based upon the petition of animal rights' group People For Ethical Treatment of Animals (PETA). The ban, however, was nullified via a special legislation passed by the Tamil Nadu assembly, in the wake of statewide pro-Jallikattu agitation.
The Tamil Nadu Assembly in January 2017 had unanimously passed a law -- Prevention of Cruelty to Animals (Tamil Nadu Amendment) Bill, 2017 -- which categorised bull as a 'performing animal', thereby reversing the ban imposed by the apex court.
PETA, along with another animal rights' NGO Compassion Unlimited Plus Action (CUPA) petitioned the Supreme Court again, claiming that the law passed by Tamil Nadu is violative of Prevention of Cruelty to Animals (PCA) Act, 1960, as the bull participating in Jallikattu is subjected to "beating, kicking, over-riding, over-driving, overloading and torturing".
Appearing on behalf of the Tamil Nadu government, former Attorney General Mukul Rohatgi said the state is entitled to pass a legislation which safeguards its culture as guaranteed under Article 29 (1) of the Constitution.
The article, included in part III of the Constitution, is a fundamental right which the state is bound to protect, Rohatgi had argued. "Over 80 per cent of Tamil Nadu's people consider Jallikattu as part of their cultural identity," he had said.
Months after Tamil Nadu pushed through the legislation to legalise Jallikattu, the Maharashtra government also passed a similar Bill in April 2017 to decriminalise the practice of bullock-cart racing.
On December 12, the Supreme Court, while hearing arguments against the legislations passed by Maharashtra and Tamil Nadu, said a larger bench needs to be constituted to decide on the "states' legislative competence".
(The above story first appeared on LatestLY on Feb 02, 2018 03:53 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).