Supreme Court stays government order allowing Tamil Nadu’s Jallikattu

Bring in ordinance: Jayalalithaa In a huge setback to the NDA government and to Tamil Nadu’s political parties, the Supreme Court on Tuesday stayed the Centre’s decision to allow holding of jallikattu (taming of bulls) in Tamil Nadu during the Pongal festival. In view of the stay order, jallikattu or bullock cart races cannot be held. Soon after the court order, Tamil Nadu chief minister J. Jayalalithaa wrote a letter to Prime Minister Narendra Modi, urging him to promulgate an ordinance to enable the conduct of jallikattu.

A bench of Justices Dipak Misra and N.V. Ramana accepted the petitioners’ contention that the Centre’s notification allowing jallikattu violates the 2014 directive by the court banning it. As Justice R. Banumathi recused herself from the case, it was shifted from the court of Chief Justice T.S. Thakur to Justice Misra’s bench.

The court acted on petitions from the Animal Welfare Board of India, and supported by PETA India, the Federation of Indian Animal Protection Organisations and Compassion Unlimited Plus Action against the January 7, 2016 notification.

In addition, some individuals including Sowmya Reddy, Radha Rajan and Gauri Maulekhi filed petitions against the notification,two of them being contempt petitions. All these petitions called for the court to strike down the January 7 order on the grounds that it was violative of the Prevention of Cruelty to Animals Act. Such a sport must not be allowed, they contended.

The Centre, represented by attorney-general Mukul Rohatgi, argued that the government had to balance tradition and culture. He said it were those who tame bulls with their bare hands who get injured and sometimes die, and not the bull. Tamil Nadu’s senior counsel L.N.R. Rao argued that jallikattu had been in vogue for centuries, and urged that the sport be permitted as a lot of safeguards had been put in place.

The bench, however, rejected this plea and stayed the notification. It sought responses from the Centre and the state government and posted the matter for March 15.

Tamil Nadu CM J. Jayalalithaa wrote to Prime Minister Narendra Modi, urging him to promulgate an ordinance to enable jallikattu to be conducted. She said the sentiments of the people of Tamil Nadu, who have a deep attachment to the traditional event, must be respected. “I had written to you on 22.12.2015, requesting you to arrange for the promulgation of an ordinance to enable the holding of jallikattu. The ministry of environment, forests and climate change had issued a notification dated 7.1.2016 enabling the conduct of the traditional sport of jallikattu in different parts of Tamil Nadu as part of the Pongal festivities,” Ms Jayalalithaa wrote.

“On receipt of the notification, detailed circulars were sent to district collectors regarding arrangements to be made for the conduct of jallikattu, strictly in accordance with the conditions and safeguards indicated in the notification. On this basis arrangements have been made by organisers all over the state for the conduct of jallikattu,” she added.

“With Pongal festivities commencing from 14.1.2016, the public in the rural areas of Tamil Nadu have made all arrangements and preparations and are eagerly looking forward to the conduct of jallikattu as part of traditional festivities ingrained in the hoary cultural heritage of Tamil Nadu,” she added.