CASE COMMENT: ANIMAL WELFARE BOARD OF INDIA AND ANR. V. UNION OF INDIA AND ANR

Jallikattu, an ancient bull-taming sport integral to the Tamil harvest festival of Pongal, has sparked legal and cultural debates in India. Initially banned in 2006 after a fatal incident, it later faced regulatory challenges balancing cultural heritage and animal welfare.

Facts of the Case

In May 2014, the Supreme Court of India banned Jallikattu and Bullock Cart Race in Tamil Nadu and Maharashtra, citing animal cruelty concerns. A 2016 notification further restricted bull usage in performances, exempting Jallikattu under specific conditions. Tamil Nadu responded with the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act in 2017, legalizing Jallikattu with stringent rules.

Issues

Legislative Intentions: Is the 2017 Tamil Nadu Amendment Act consistent with the objectives of the Prevention of Cruelty to Animals Act, 1960?

Constitutional Conflict: Does the Amendment Act violate Article 254(2) and Entry 17 of the Concurrent List, permitting states to legislate on animal welfare?

Cultural Protection: Does Jallikattu qualify for protection under Article 29 of the Constitution, safeguarding cultural practices?

Critical Analysis

The Amendment Act aims to balance cultural preservation with animal welfare, securing presidential assent under Article 254(2). Judicial scrutiny argues that Jallikattu, if conducted under regulated conditions, does not violate animal rights statutes. The cultural significance of Jallikattu in Tamil Nadu underscores its constitutional protection under Article 29, recognizing cultural diversity.