Jallikattu: Centre quotes Mahabharata, Supreme Court cites law

Even as the Centre quoted Mahabaratha to justify Jallikattu in Tamil Nadu, the Supreme Court on Tuesday refused to lift the ban imposed in January, on the practice during Pongal festival. The court observed that Jallikattu cannot be allowed just because it was a century old tradition.

A Bench of Justices Dipak Misra and Rohinton Nariman made this oral observation during the hearing of petitions filed by animal rights activists, Compassion Unlimited Plus Action and others challenging the Centre’s notification permitting Jallikattu (bull fight) and bullock cart races. The Court had then stayed the notification and sought the response of the Centre and Tamil Nadu government. The Centre quoting Mahabharatha cited Lord Krishna controlling a violent bull in the atrium of King Kamsa’s palace. In another chapter, it said Lord Krishna tames seven bulls to marry Princess Naganajiti, daughter of King Nagnajit of Kosala Kingdom, which later prospered into a tradition in Tamil Nadu.

Senior counsel Shekar Naphade, appearing for Tamil Nadu submitted that the ban should be lifted as it was a centuries old tradition. The submissions of Centre and State did not cut ice as Justice Misra said “In 1899, ten thousand girls below 12 years of age were married. Should we allow it today because it was a tradition at that time Just because the sport (Jallikattu) is centuries-old, it can’t be said that it’s legal or permissible under law. See it is a constitutional and statutory issue. We definitely will examine whether such a sport is permissible in law or not. Whether it shall be continued will be decided legally.” In its response the Centre questioned the locus standi of the Animal Welfae Board to challenge the notification as its rights are not affected. It justified the notification and said bull is not a performing animal and jallikattu is not a performance but a sport to test the valour and strength of the participants. Apart from being a part of Tamil culture and heritage Jallikattu is also integral to the religious beliefs and sentiments of several village communities to mark harvest festival. Jallikattu is not an entertainment as the object is welfare and maintenance of bulls which is part of Tamil culture. It is symbolic of the intimate bond between cattle and agriculturists. The Centre said sufficient guidelines had been formulated and care had been taken to ensure that bulls are not subjected to any cruelty and no injury shall be inflicted on the bulls. Continuing the ban will lead to extinction of the traditional bulls and thereby the livelihood of millions of livestock keepers will be affected. Tamil nadu said that jallikattu is not meant to harm or cause injury to bulls but it is a sport where youth demonstrate their heroic powers, that too only for 30 seconds. Further, it is a bloodless sport and bulls are required to run for only 15 metres within which time the participants are required to tame the animal.