Government won't challenge SC ban on Jallikattu

New Delhi: With a view to avoid the possibility of an adverse verdict which will have serious ramifications in Tamil Nadu, the Centre on Tuesday informed the Supreme Court that it has decided to withdraw its January 2, 2016, notification by which it allowed the use of bulls — including their exhibition and training — as performing animals in Jallikattu, with certain conditions.

It remains to be seen whether the court will allow the Centre to take back the notification.

On December 7, 2016, the apex court had, after a detailed hearing, reserved judgment on the legal validity of the notification and the verdict is yet to be pronounced.

Meanwhile, due to pressure from people’s movement across the state, the Tamil Nadu government on January 21 promulgated an ordinance to exempt Jallikattu from the provisions of Prevention of Cruelty to Animals Act (PCAA). The Assembly passed the Bill on January 23 to replace the ordinance and sent it to President for his assent, which is awaited.

On Tuesday, attorney general Mukul Rohatgi made a “mention” before a bench headed by Justice Dipak Misra, that the Centre has decided to withdraw last year’s notification in light of the Bill passed by the state Assembly.

In May 2014, the apex court had banned Jallikattu by quashing the Tamil Nadu Jallikattu Regulation Act, 2009. The court also took into consideration a 2011 notification issued by the Centre, specifically adding “bulls” to the list so as to ban their exhibition or training as performing animals. Previously the list included only bears, monkeys, tigers, panthers and dogs.

The court said Jallikattu is legally impermissible as it is inherently cruel to the animal.

The court noted that the very act of “taming a bull” to perform in an event runs counter to the concept of welfare of the animal, which is the basic foundation of the PCAA.

On January 7, 2016, the Centre, without removing the basis of the 2014, verdict issued a notification allowing Jalliakattu even though bulls remained in the “list of performing animals”.

The apex court had stayed the notification and restrained Tamil Nadu from conducting Jallikattu.    

Animal activists who challenged the notification argued that the Central government has acted in violation of the 2014 judgment, holding that the use of bulls as performing animals in these events is inherently cruel as they suffer acute stress, strain, fear and distress when forced to participate in such events.

The Centre had tried to convince the court by arguing that the January 7, 2016, notification did not in any way undermined the apex court’s judgment of 2014 when Jallikattu was banned.

It was argued that jallikattu is not a performance but a sport to test the valour and strength of the participants.

The court, while reserving the verdict, had observed that it is inconceivable that the bull, which remains in the “list of performing animals”, should be tamed for the purpose of entertainment during Pongal, the harvest festival.

The court cited the anomaly in the Centre’s stand and said the notification was liable to be struck down. Apprehending an adverse verdict, the Centre today decided to withdraw it notification.