JALLIKATTU
1. Context
A five-judge Constitution Bench of the Supreme Court has upheld the amendments made by Tamil Nadu, Maharashtra, and Karnataka to The Prevention of Cruelty to Animals (PCA) Act, 1960, allowing Jallikattu, Kambala, and bullock-cart races. The court overturned the verdict of a two-judge Bench in ‘Welfare Board of India v. A. Nagaraja’ (2014), which had banned practices such as Jallikattu, the traditional bull-taming sport of the Pongal harvest festival.
2. Background
- The five-judge Bench noted that Jallikattu has been held in Tamil Nadu for at least a century, and “we will not disrupt the view of the legislature that it is part of the cultural heritage of the state”.
- In the 2014 ‘Nagaraja’ judgment, an SC Bench of Justices K S Radhakrishnan and Pinaki Chandra Ghose had ruled that the Prevention of Cruelty to Animals Act, 1960 “over-shadows or overrides the so-called tradition and culture”.
- In its judgment delivered on May 18, 2023, the Constitution Bench said, “We do not accept the view of Nagaraja that Jallikattu is not a part of the cultural heritage of State of Tamil Nadu. We do not think that there was sufficient material for the Court to come to that conclusion.”
3. What is Jallikattu?
- It is a bull-taming sport and a disputed traditional event in which a bull is released into a crowd of people.
- Multiple human participants attempt to grab the large hump on the bull’s back with both arms and hang on to it while the bull attempts to escape.
- Participants hold the hump for as long as possible, attempting to bring the bull to a stop. In some cases, participants must ride long enough to remove flags on the bull’s horns.
- It is typically practiced in the state of Tamil Nadu as a part of Pongal (harvest) celebrations in January.
Image source: Web4. Pongal and the culture of Jallikattu
- Pongal in Tamil Nadu is a celebration of nature and thanksgiving for a bountiful harvest. Similar harvest festivals of Makara Sankranti, Maghi, and Magh Bihu are observed in other parts of the country at the same time, in mid-January.
- In Tamil Nadu, the festival lasts for three or four days, and on the third day, Mattu Pongal, cattle are worshipped.
- The bull-taming events then start, especially in the southern districts of the state, when the elite Jallikattu breeds test the strength and skill of farm hands in specially constructed arenas.
5. Supreme Court's 2014 Verdict
- The two-judge Bench backed a perspective that puts animal rights on par with the fundamental rights that the Constitution of India guarantees to its citizens.
- Drawing upon Upanishadic wisdom, the Bench had advised Parliament to “elevate rights of animals to that of constitutional rights, as done by many of the countries, to protect their dignity and honour”.
- Jallikattu is doubtless a violent sport, in which there is only one winner man or bull.
- The Animal Welfare Board of India, a statutory body under the central government, and animal rights groups like People for the Ethical Treatment of Animals (PETA) presented evidence, including pictures and videos, that the Jallikattu animals were physically and mentally tortured.
- Bulls are beaten, poked, prodded, harassed, and jumped on by numerous people.
- They have their tails bitten and twisted and their eyes and noses filled with irritating chemicals,” the judgment said.
6. Issues with the Sport
- Human deaths: The event has caused several human deaths and injuries and there are several instances of fatalities to the bulls.
- Manhandling of animals: Animal welfare concerns are related to the handling of the bulls before they are released and also during the competitor’s attempts to subdue the bull.
- Animal cruelty: Practices, before the bull is released, include prodding the bull with sharp sticks or scythes, extreme bending of the tail which can fracture the vertebrae, and biting of the bull’s tail.
- Animal intoxication: There are also reports of the bulls being forced to drink alcohol to disorient them, or chilli peppers being rubbed in their eyes to aggravate the bull.
7. Supreme Court View on Jallikattu
- Supreme Court in 2014 banned the sport jallikattu as it violates provisions of the Prevention of Cruelty to Animals Act (PCA) and militates the constitutional duty of treating animals with compassion, Article 51A (g).
- It also reiterated the expansive reading it had given in the past, to Article 21 (Right to Life), which prohibits any disturbance to the environment, including animals, considered essential for human life.
8. The inescapable cultural context
- ‘Vaadivasal’ is in a social space where pride is a culture and tradition in itself. It gives clues as to why the ban on Jallikattu was so fiercely contested.
- For agrarian communities like Thevars and Maravars, Jallikattu is one of the few markers of their social standing and identity in a fast-changing world.
- The contest, which celebrates masculinity, is almost an act of cultural resistance to urban modernity that tends to marginalize rural and agrarian values.
- Jallikattu’s linkages with Pongal has lifted it above its regional and community origins and transformed it into a symbol of Tamil culture and pride.
- Pride in Tamil culture is central to Dravidian nationalism, which continues to shape the political discourse in Tamil Nadu. Indeed, the political consensus in favour of Jallikattu is inescapable.
- Tradition and culture are not immune to change. But it is facile to argue that the rights discourse can be conducted ignoring the cultural context.
- The argument to move from an anthropocentric vision and adopting biocentric ethics will have to be discussed and negotiated in cultural terms as well.
- In the absence of such engagement, the supporters of animal rights are likely to be seen as a deracinated group that is insensitive to local culture and tradition.
|
For Prelims: Jallikattu, Prevention of Cruelty to Animals Act (PCA), Article 51A (g), Article 21 (Right to Life), People for the Ethical Treatment of Animals (PETA), Prevention of Cruelty to Animals Act, 1960, and Makara Sankranti, Maghi, and Magh Bihu.
For Mains: 1. Discuss the Traditional and Cultural significance of Jallikattu, and What are the challenges to our cultural practices in the name of Secularism. (250 Words).
|
Source: The Indian Express
