Date: 23/05/2023

Relevance: GS-1: Indian culture will cover the salient aspects of Art Forms, Literature, and Architecture from ancient to modern times.

Key Phrases: The Prevention of Cruelty to Animals (PCA) Act, 1960, jallikattu, Kambala, and bullock-cart races, eruthazhuvuthal, Minimization of Cruelty, Supreme Court verdict, preserve the cultural heritage of Tamil Nadu, protective gear for participants.

Why in News?

• A five-judge Bench of the Supreme Court has recently upheld the amendments made by the legislatures of Tamil Nadu, Maharashtra, and Karnataka to The Prevention of Cruelty to Animals (PCA) Act, 1960, allowing bull-taming sports like jallikattu, Kambala, and bullock-cart races.
• The court's decision has generated debates and discussions surrounding the cultural significance of jallikattu and its impact on animal rights.

Understanding Jallikattu:

• Significance and Tradition:
  • Jallikattu, also known as eruthazhuvuthal, is a bull-taming sport traditionally played in Tamil Nadu as part of the Pongal harvest festival.
  • It is seen as a celebration of nature and a way to express gratitude for a bountiful harvest, with cattle worship being an integral part.
• Controversies and Concerns:
  • Jallikattu has faced criticism from animal rights groups and courts due to concerns about cruelty to animals and the dangerous nature of the sport, resulting in injuries and fatalities for both bulls and human participants.

Background and Conflicting Views:

• Historical Conflict:
  • Activists and proponents of jallikattu have long been engaged in a heated debate, leading to a 2014 Court judgment that banned the sport over animal cruelty.
  • Animal rights activists argue that any sport involving a contest between humans and bulls violates animal rights, while proponents maintain that it is an integral part of the state's tradition and culture.
• Tamil Nadu Amendment:
  • In response to the ban, the Tamil Nadu Assembly passed an amendment to the Prevention of Cruelty to Animals Act in 2017.
  • The amendment aimed to strike a balance between preserving the cultural heritage of the state and ensuring the well-being of native bull breeds.
  • This move by the legislature reflected the state's determination to safeguard its cultural practices and traditions.
• Karnataka and Maharashtra:
  • Inspired by Tamil Nadu's initiative, Karnataka and Maharashtra also passed amendments to permit their respective traditional sports, namely Kambala and Bullock-cart races.
  • These amendments mirrored the efforts to preserve cultural practices while addressing concerns related to animal welfare.

Supreme Court Verdict on Jallikattu:

• Upholding Legislative Changes:
  • The five-judge Bench upholds the amendments made by the Tamil Nadu, Maharashtra, and Karnataka legislatures, allowing Jallikattu, Kambala, and Bullock-cart races.
  • The court held that the Tamil Nadu Amendment Act is valid and not deceptive legislation.
  • It relates to the prevention of cruelty to animals and minimizes cruelty in sports like Jallikattu.
  • The court stated that once the amendment is implemented and followed with the rules, the sports will not be considered cruel under the 1960 Act.
  • The court also recognized Jallikattu as a part of Tamil Nadu's cultural heritage and respected the legislature's decision.
  • It concluded that the 2017 amendment does not violate constitutional provisions related to environmental protection, scientific temper, equality, and the right to life.
• Judicial Limitations:
  • The court defers to the cultural sentiment and legislative scheme behind these sports, emphasizing that cultural heritage should be determined by the legislature, not the judiciary.
• Minimization of Cruelty:
  • The Supreme Court's verdict is based on the acknowledgment that the legislative changes have minimized the potential cruelty and pain inflicted on animals during Jallikattu.
• Cultural Significance:
  • The court accepts the legislature's view that Jallikattu is a traditional sport conducted to preserve the cultural heritage of Tamil Nadu.
• Compliance with Animal Rights:
  • The court clarifies that although Jallikattu is allowed, organizers and governments must ensure the prevention of pain and cruelty to animals, as mandated by international rules and Indian law.
• Safety Concerns:
  • The court suggests mandating protective gear for participants and enforcing strict rules to ensure the safety of both participants and spectators.

Conclusion:

• The Supreme Court's verdict on Jallikattu reflects the complexities surrounding the preservation of cultural traditions while addressing concerns about animal welfare.
• The decision emphasizes the need for organizers and governments to prioritize safety and prevent cruelty during such events.
• Moving forward, cultural preservation, animal welfare, and safety norms must coexist to ensure the continuation of Jallikattu and similar traditional sports in a responsible and humane manner.

Source: The Hindu

Mains Question:

Q. Discuss the Supreme Court verdict on the case of jallikattu, a traditional bull-taming sport in Tamil Nadu. Analyse the implications of the judgment on the balance between cultural practices, animal rights, and human safety.