Questioning the need to “tame” a domestic animal like the bull, the Supreme Court on Wednesday dismissed a plea by Tamil Nadu to review a 2014 apex court judgment banning jallikattu . The court further held that the event had nothing to do with the exercise of the fundamental right of religious freedom.
More Details of the Apex Court’s Decision:
- Rejecting the submissions made by the State government, a Bench of Justices Dipak Misra and Rohinton Nariman said Tamil Nadu cannot explain it away as a mere act of “taming a bull.”
- It said it runs counter to the concept of welfare of the animal, which is the basic foundation of the Prevention of Cruelty to Animals Act of 1960.
- The State, represented by senior advocate Shekhar Naphade, had countered that the event was defined as an act of “taming” of bulls under the Tamil Nadu Regulation of Jallikattu Act of 2009 and did not amount to cruelty.
- “The 2009 Act was introduced to stop any kind of torture.
- Taming a bull is not torture. You cannot ban jallikattu just because there was torture long ago. It is like a bank stopping all loans just because somebody had cheated it once long ago.
- The 2009 State law was “repugnant” to the 1960 Central law.
- The 1960 Act had no power over the State law and it was the prerogative of Tamil Nadu under Entries 14 and 15 of the State List to preserve and care for its own livestock.
- But the Bench agreed with Mr. Singhvi that there was indeed a “head-on collision” between the 1960 Act and the Tamil Nadu law of 2009 on what constitutes ‘cruelty’.
Source: The Hindu