Mains Practice Questions

Approach:   

• Start your answer with a reference of Supreme court’s judgement on Jallikattu. 
• In the body section, mention the details of Judgement and arguments in favour and argument against. 
• Conclude with a positive note.   

Introduction:  

In a recent judgment, Supreme Court has upheld the amendments made by Tamil Nadu to the Prevention of Cruelty to Animals Act, 1960, to allow traditional practices like Jallikattu. The issue has been contested for long between wildlife activists and supporters of the practice. This verdict also allowed other bull-taming sports like Kambala, and bullock-cart races. 

Body

Supreme Court's Judgment:  

• Constitutionality of the Amendments:  
  • The Supreme Court held that the state amendments did not violate the Constitution and the Court's earlier ruling banning Jallikattu.  
  • The court recognized that the Amendment Act and Rules had substantially reduced pain and cruelty to participating animals. 
• Compatibility with Constitutional Provisions:  
  • The judgment affirmed that the 2017 Amendment Act and Rules were in line with Entry 17 (prevention of cruelty to animals) of the Concurrent List and Article 51A(g) (compassion to loving creatures) of the Constitution.  
  • However, it clarified that any violation of the law in the name of cultural tradition would be punishable. 
• Legislative Assembly vs. Court:  
  • The Court decided that determining the cultural heritage status of Jallikattu should be the responsibility of the State's legislative assembly, rather than a court of law.  
  • This approach suggests that the court recognizes the need to balance cultural practices and animal welfare through democratic deliberation. 

Arguments in Favor of Jallikattu:  

• Cultural and Religious Significance:  
  • Jallikattu is deeply rooted in Tamil Nadu's culture and is celebrated by people of all backgrounds.  
  • Proponents argue that it plays a significant role in preserving cultural heritage and community sentiments. 
• Regulation and Reform:  
  • Rather than imposing a complete ban, proponents suggest regulating and reforming Jallikattu to ensure the welfare of both humans and animals.  
  • They highlight the importance of preserving indigenous livestock breeds and assert that the event itself promotes compassion and humanity. 

Arguments Against Jallikattu:  

• Inherent Rights of Animals:  
  • Opponents argue that all living beings, including animals, possess inherent liberty, as recognized by the Constitution.  
  • They contend that subjecting animals to cruelty for entertainment purposes is ethically wrong and incompatible with animal rights. 
• Safety Concerns:  
  • Jallikattu has witnessed instances of deaths and injuries to both humans and bulls.  
  • Critics claim that the aggressive behavior of tamers towards the bulls causes extreme cruelty and poses risks to participants and animals alike. 
• Comparisons with Abolished Practices:  
  • Critics draw parallels between Jallikattu and abolished practices like sati and dowry, highlighting the need for legislation to eliminate cultural practices that perpetuate cruelty and harm. 

Conclusion:  

The Supreme Court's recent judgment on Jallikattu reflects a nuanced approach to the conflict between socio-religious practices and animal rights. While upholding the amendments, the court emphasizes the importance of preventing cruelty to animals and discourages any violation of the law in the name of cultural tradition.

The debate surrounding Jallikattu underscores the need to strike a balance between cultural preservation and the welfare of sentient beings, highlighting the role of democratic deliberation and ethical considerations in resolving such conflicts.