Madras High Court
E.Seshan vs The Secretary on 19 August, 2021
W.P.No.2999 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
and
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.No.2999 of 2020
and
W.M.P.No.3495 of 2020
E.Seshan, (aged 71 years),
S/o.Elumalai,
No.1/119E, Post Office Street,
Okkiyam – Thuraipakkam,
Chennai 600097 ... Petitioner
Vs
1.The Secretary,
The Department of Law Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai 600 009.
2.The Secretary,
Department of Animal Husbandary, Dairying and Fisheries
Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai 600 009.
3.The Principal Secretary to Government of Tamil Nadu,
Department of Home,
Secretariat,
Fort St. George,
Chennai 600 009.
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4.P.Rajasekaran,
President Jallikattu Peravai,
No.101, Deputy Collector Colony 1st Street,
K.K.Nagar,
Madurai 625 020.
5.The Alanganallur Town Panchayat,
Rep. by its Executive Officer,
Vadipatti Taluk,
Madurai District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the respondents 1 to 3 to ensure
and permit only the participation of the bulls from the native breeds of cattle of
Tamil Nadu in the sport of Jallikattu Manjuvirattu, Oormadu, Vadamadu or
Vadamanjivirattu, Eruduttu Viduthal and conducted in Tamil Nadu and to
prevent and prohibit the participation of bulls of foreign breeds (Bos Taurus)
and cross breed bulls (Bos Taurus x Bos Indicus) in the said sports.
For Petitioner :Mr.R.Srinivas
For Respondents :Mr.R.Vijayakumar (R1 to R3)
Additional Government Pleader
ORDER
(Order of the Court was delivered by N.KIRUBAKARAN, J)
There will be parading of hundreds of pairs of bulls with balloons
adorning colourfully painted horns in Mandaiveli during 'Mattu Pongal
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Festival' and greeted joyfully by the villagers throwing turmeric
water/water on the bulls and the owners by the youngsters, preceded by a
group of drummers beating their drums.
2.It is a wonderful occasion to be seen and rejoiced. This festival is being
celebrated for centuries together in Tamil Nadu as a mark of respect to the
bullocks which are helping the agriculturists for making cultivation. It is a sort
of thanks giving function to the co-worker viz., bullocks, which are used for
ploughing and transportation purposes.
3.One cannot be well off without pairs of bullocks, cows, poultry and
other cattle in villages. These are all the things of the past. All of a sudden,
bullocks started disappearing from villages and the village itself has lost its
originality. That is the real rural position as on date. Though hundreds of pairs
of bullocks would march, about 20 years ago, in almost every village, sadly as
on date, only 1 or 2 or a few pairs of bullocks come to Mandaiveli during
Pongal festival. It is due to various factors. Most of the farmers are giving up
cultivation and migrating to urban areas as cultivation is not economical and
productive. The farmers have started using modern equipments like tractors and
the necessity of having bullocks has considerably come down. During Pongal
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festival, in some of the Districts of Tamil Nadu, 'Sallikattu' which is now called
as 'Jallikattu' used to be conducted during January to May on various occasions,
especially during Pongal. 'Alanganallur' and 'Palamedu' are globally known for
those events. The Bulls/Oxes are specially groomed for taking part in
"Jallikattu". The Bulls are let into ground through 'Vadivassal' (the gate) and
the youths would pounce upon them and try to hold the well grown hump of the
bulls/Oxen. If a tamer is able to hold the hump for 15 seconds and run
alongwith the bull for 30 seconds or sustain three jumps of the bull, he will be
declared as a winner, otherwise the winner would be the bull. All bulls used are
native breeds as the native breed alone have well grown hump.
4.The Petitioner also filed Writ Petitions to secure the release of wild
Elephants from the captivity and for treatment of dogs kept in Breeding Centre
and against felling of trees in IIT Campus, Chennai to conserve wild life and
ecology.
5.It is the case of the petitioner that 'Jallikattu' is a sport played in Tamil
Nadu, since Sangam era. It involves releasing a bull (native breed - Bos
Indicus) from 'vaadivasal' and the challenge is that an athlete should
cling/embrace on to the bull for a minimum time or distance and if the bull
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wards off the man, the former wins and if the man succeeds in
clinging/embracing on to the bull, the man wins the contest. The man has to tie
his arms around the hump on its back, which is the characteristic of native
breeds. All native breed bulls (Bos Indicus) have large humps on their backs in
straight alignment with their front legs.
6.As per the judgment of the Hon’ble Supreme Court in the case of
Animal Welfare Board of India Vs. A.Nagaraja and others reported in (2014)
7 SCC 547, 'Jallikattu' was declared as illegal and in violation of Sections 3,
11(1)(a) and 11(1)(m)(ii) of Prevention of Cruelty to Animals Act, 1960 and
the Hon'ble Supreme Court prohibited the conduct of 'Jallikattu'. There was a
widespread public resentment against the ban and based on the popular
sentiments and groundswell of public opinion in favour of restoration and
revival of 'Jallikattu' in Tamil Nadu and also for survival of native breeds of
cattle of Tamil Nadu viz., “Pulikulam”, “Umbalachery”, “Nattumadu”,
“Malaimadu” and “Kangeyam”, the Government of Tamil Nadu promulgated
an ordinance amending the provisions of the Prevention of Cruelty to Animals
Act, 1960 and later enacted a legislation in the State Legislature. The said bill
received assent of President of India on 31.01.2017.
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7.As per the amendment Act, Section 2 of the Prevention of Cruelty to
Animals Act, 1960, was amended by adding Sub Section (dd) and Section 4 of
the amendment Act added clause (f) to Section 11 of the principal Act.
Similarly Section 6 of the amendment Act, amended Section 27 of the Principal
Act by adding (f). Section 27 of the amendment Act inserted Section 28-A in
the Principal Act.
8.The very purpose of the Tamil Nadu 1 of 2017 Act is to preserve the
culture and heritage and native breeds of cattle. It is only to facilitate to groom
the native breeds so as to preserve and make them to participate in 'Jallikattu',
which is part of Tamil culture and heritage. However, western varieties of cattle
(Bos Taurus) and cross breeds of cattle which do not have humps or have tiny
hump which is also not aligned to their front legs as in the case of pure native
breed bulls are nowadays allowed. It is impossible to play the game of
'Jallikattu' with western cattle or cross breeds as there is no or little hump. By
using those varieties 'Jallikattu' cannot be played as the participants have to
cling/embrace the bull by holding the hump and run along with the hump for 15
metres or for 30 seconds or sustain three jumps of the bulls.
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9.When that is the object of the Act, the bull owners started using
western cattle (Bos Taurus) and hybrid bulls produced by cross breeding native
cattle with imported cattle in 'Jallikattu'. In Alanganallur 'Jallikattu' conducted
for year January 2019 and January 2020, the best bull award was given to other
non native bulls viz., imported species of cattle or hybrid bulls.
10.Since the imported varieties or the cross varieties have huge body size
with very tiny humps, it is impossible for the participants to catch and cling on
to the hump of the animals. Moreover, the other bulls other than native bulls
have the tendency to trample and crush players on the field.
11.It is contended that the very purpose of amendment Act is only to
preserve and groom native breeds of cattle and also for preserving the heritage
and culture. However, fraudulently some of the participants are using imported
or cross breed bulls which is illegal and unlawful. In this regard the petitioner
made a representation on 29.03.2019 to the respondents to take steps to
eliminate or prohibit the use of imported and cross/hybrid bulls in the events of
Jallikattu and the variants of the game (i.e) 1.Manjuviratu, 2.Vadamadu and
3.Erudhuviduthal and also to enforce The Tamil Nadu Jallikattu Amendment
Act, 2017. Since, no action has been taken and no reply has been received from
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the respondents, except a reply from the 1st respondent dated 05.04.2019
stating that the matter has been referred to the 2nd respondent viz., Department
of Animal Husbandry. Therefore the Petitioner has come before this Court.
12.Heard Mr.R.Srinivas, learned counsel appearing on behalf of the
Petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader
appearing on behalf of the respondents 1 to 3. Moreover, 4th and 5th
respondents are not necessary parties and they are deleted from array of parties,
as this Court deals with the general issue raised in this PIL.
13.Mr.R.Srinivas, learned counsel appearing on behalf of the Petitioner
would submit that the very object of the Amendment Act is only to preserve the
native breeds for the purpose of playing 'Jallikattu'. Allowing imported bulls or
cross/hybrid bulls is in violation of the Act. Moreover, it is dangerous to use
the imported or hybrid bulls. He would point out paragraphs 16 to 19 of the
judgment in A.Nagaraja’s case wherein the Hon’ble Supreme Court held that
'Jallikattu' should only be conducted by using the native bulls (Bos Indicus).
When the Act itself is for the purpose of preserving and promoting the tradition
and culture of Tamil Nadu and vital role of 'Jallikattu' in ensuring the survival
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and continuance of the native breeds of bulls, the imported or hybrid bulls
cannot be used and therefore, he seeks allowing of the Writ Petition.
14.On the other hand, Mr.R.Vijayakumar, learned Additional
Government Pleader appearing on behalf of the respondents 1 to 3 would
submit that there is no prohibition for using the imported or hybrid bulls. As
per the instructions received from the Assistant Director, the Director of
Animal Husbandry and Veterinary Sciences, he would submit that the bulls
owned by the farmers may be of any breed and preservation of native breed
bulls cannot be construed to mean that only native breeds can participate in
'Jallikattu' events. Further he would submit that 'Jallikattu' events cannot be
exclusively for the native breeds alone. Permitting cross breed bulls to
participate in 'Jallikattu' events is acceptable as per the Act and it is not illegal
to permit cross breed bulls in such events. Moreover, bulls having sufficient
size of hump alone are permitted in the event, so that the tamer can cling to it.
15.Heard the parties and perused the records.
16.Ancient Tamil literature speaks about 'Sallikattu' ('Yaeru
Thazhuvuthal' or 'Embracing Bulls'). “Kalithohai” in “Mullaikali” elaborately
describes about 'Sallikattu'. Similarly in “Pattinapalai” and “Silappathikaram”,
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there are references about 'Yaeru Thazhuvuthal'. In those days, young girls who
were yet to be married would only get married to the tamers of the bull and
such was the importance given to 'Jallikattu'. It has become part and parcel of
the culture and life of the Tamil people. A song from the literature reads as
follows:
“kltnu ey; Mah; kf;fs; beUie
mly; Vw;W vUj;J ,Wj;jhh;f; fz;Lk; kw;W ,d;Wk;
cly; VW nfhs; rh;wWthh;;”
“Good cowherd men are fools! Even after seeing men who
entered the contest destroyed by the bulls they are here to
announce their arrival to the arena for offering their body to the
murderous bull”
17.When such is the tradition and culture being followed in conduct of
'Jallikattu', the Hon’ble Supreme Court in A.Nagaraja’s case prohibited
'Jallikattu' on the ground that it causes unnecessary pain and agony and is not
for the well being of the Animal. Paragraph 90 of the said judgment is extracted
as follows:
"90. We, therefore, hold that AWBI is right in its stand that
Jallikattu, bullock cart race and such events per se violate
Sections 3, 11(1)(a) and 11(1)(m)(ii) of the PCA Act and hence we
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uphold the Notification dated 11-7-2011 issued by the Central
Government. Consequently, bulls cannot be used as performing
animals, either for the Jallikattu events or bullock cart races in
the State of Tamil Nadu, Maharashtra or elsewhere in the
country. "
The judgment of the Hon’ble Supreme Court was delivered on 07.05.2014.
Pursuant to which there was a huge protest and resentment by the people of
Tamil Nadu, especially, by the youngsters. There was a mammoth dharna in
Marina beach, Chennai for days together. Considering the overwhelming public
opinion for restoration and revival of 'Jallikattu' in Tamil Nadu and public
resentment against the ban, the Government of Tamil Nadu promulgated an
ordinance (Tamil Nadu ordinance 1/2017) amending the provisions of the
Prevention of Cruelty to Animals Act, 1960. Later, the Tamil Nadu State
Assembly enacted an Act called “Prevention of Cruelty to Animals (Tamil
Nadu Amendment) Act” 2017 for which the President gave assent on
31.01.2017 and the came into force on 21.01.2017. The statement of objects
and reasons for the amendment Act reads as follows:
“The Prevention of Cruelty to Animals Act, 1960 (Central Act 59
of 1960) was enacted to prevent the infliction of unnecessary
cruelty and suffering on animals. The Act also recognizes the
need to exempt the application of its provisions in certain
circumstances. The Supreme Court of India, in its judgment in
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Animal Welfare Board of India Vs. A. Nagaraja (Civil Appeal
No.5387 of 2014) has found that the conduct of ‘Jallikattu’ is
violative of the provisions of the Central Act 59 of 1960,
particularly, Sections 3, 11 and 22 of that Act. Considering the
vital role played by the event of ‘Jallikattu’ in preserving and
promoting tradition and culture among people in large parts of
the State of Tamil Nadu and also considering the vital role of
‘Jallikattu’ in ensuring survival and continuance of native
breeds of bulls, the Government of Tamil Nadu have decided to
exempt the conduct of ‘Jallikattu’ from the provisions of the said
Central Act 59 of 1960. Therefore, the Government decided to
amend the said Central Act 59 of 1960 in its application to the
State of Tamil Nadu. Accordingly, the Prevention of Cruelty to
Animals (Tamil Nadu Amendment) Ordinance, 2017 (Tamil
Nadu Ordinance 1 of 2017) was promulgated by the Governor
on the 21st January 2017 and the same was published in the
Tamil Nadu Government Gazette Extraordinary, dated the 21st
January 2017.
2. The Bill seeks to replace the said Ordinance.”
From the above it is clear that 'Jallikattu' plays a vital role in preserving,
promoting tradition and culture among the people in many parts of Tamil Nadu.
'Jallikattu' also ensures survival and continuance of native breeds of bulls.
Therefore, Tamil Nadu decided to exempt the conduct of 'Jallikattu' from the
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provisions of the Central Act 59 of 1960 viz., Prevention of Cruelty to Animals
Act, 1960 . The object of Act 1 of 2017 has been explained in the provisions of
the Act as follows:
“An Act to amend the Prevention of Cruelty to Animals Act, 1960
so as to preserve the cultural heritage of the State of Tamil Nadu
and to ensure the survival and wellbeing of the native breeds of
bulls”
18.As rightly argued by Mr.R.Srinivas, learned counsel appearing on
behalf of the Petitioner, the amendment Act amended the Sections, 2, 11, 27
and added 28(a) in the principal Act.
“8.The said Act has been called the “Prevention of Cruelty to
Animals Act (Tamil Nadu Amendment) Act 2017 (Tamil Nadu Act
1/2017). Section 2 of the said Act amended Section 2 of the
Prevention of Cruelty to Animals Act 1960 and inserted Sub
section (dd) which is as follows:-
“(dd) Jallikattu means an event involving bulls conducted
with a view to follow tradition and culture on such days
from the months of January to May of a calendar year
and in such places, as may be notified by the State
Government, and includes “Manjuviratu”, “Vadamadu”
and “Erudhuvidumvizha””.
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9. Section 4 of the said Act 1/2017 added the following to Section
11 of the Prevention of Cruelty to Animals Act 1960.
“(f) the conduct of “Jallikattu” with a view to follow and
promote tradition and culture and ensure preservation of
native breeds of bulls as also their safety security and
wellbeing.”
10. Section 6 of the Tamil Nadu Act 1/2017 aforesaid added the
following to Section 27 of the Principal Act.
“(f) the conduct of “Jallikattu” with a view to follow
and promote tradition and culture and ensure
preservation of native breeds of bulls as also their
safety security and wellbeing.”
11. Further Section 27 of the Tamil Nadu Act 1/2017 inserted
Section 28-A in the Principal Act as follows:-
“28-A. Saving in respect of “Jallikattu” - Nothing
contained in this Act shall apply to “Jallikattu”
conducted to follow and promote tradition and
culture and such conduct of “Jallikattu” shall not be
an offence under this Act.”
From the above amendments it is clear that the conduct of 'Jallikattu' is to
promote the tradition and culture and ensure preservation of native breeds of
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bulls and also their safety, security and well being. That apart, the above
amendments also make it clear that they specifically talk about native breeds of
bulls only and no other breeds of bulls. To put it in other words, the amendment
Act permits native breeds of bulls alone to participate in 'Jallikattu' and any
other interpretation or construction would be contrary to the Act.
19.Mr.R.Srinivas, learned counsel appearing on behalf of the petitioner
pointed out that playing of 'Jallikattu' itself is embracing the animal by holding
the hump. The grown up hump is a salient feature of native breeds in Tamil
Nadu and hump is also aligned to their front legs.
20.Photographs of native bulls and also imported or hybrid bulls have
been exhibited to prove that as to how Indian bulls (Bos Indicus) are having
well grown hump whereas foreign breed bulls or hybrid bulls do not have hump
or only have little hump and also the hump of the native breeds is in alignment
with their forelegs, which is not in the case of imported breeds. The said
photographs are extracted as follows:
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A perusal of the above photographs would indicate that the native breeds have
got huge hump which is necessary for the tamers to hold on during 'Jallikattu'
whereas the hump is not grown and available in the hybrids or imported bulls.
Therefore, the imported or hybrid bulls are not fit for participating in the
'Jallikattu'.
21.When the Act itself is intended for preservation of native bulls for the
purpose of 'Jallikattu', there is no room for hybrids or imported bulls as per the
Act to participate in the event. If it is done, it is in violation of the Act and it
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has got no sanction of law.
22.The instructions received from the Respondents by
Mr.R.Vijayakumar, learned Additional Government Pleader reads as follows:
“A. The Prevention of cruelty to animals (Tamil Nadu
amendment) Act 2017, has two parts -(1)-
conduct of Jallikattu with a view to follow and promote
tradition and culture (2)- Ensure preservation of native breeds
of bulls as also their safety, security and wellbeing
Explanation to part (1)- The Pongal festival is a festival of the
Tamil people where they celebrate thanks giving by observing
certain festivities, games such as Jallikattu in which man and
his coworker (bull, as it helps in farming activities and as
draught animals) have a game together. The amendment had
been sought to ensure that this tradition is continued as per
our Constitutional rights. The bulls owned by the farmer may
be of any breed.
Explanation to part (2)- the words ''preservation of native
breeds of bulls as also their well-being'' cannot be construed
to mean that only native breeds can participated in Jallikattu
events.
In the same way...'' ensure survival and continuance of native
breeds of bulls'' will not make the Jallikattu events to be
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exclusive to native breeds. Hence permitting cross bred bulls
to participate in Jallikattu events is acceptable in the Act
(though the fact is silent). It is not illegal to permit cross bred
bulls in such evens.
The bulls having sufficient sized humps are alone permitted in
the events so that the tamer can cling to it.”
The instructions given by the authorities are not in consonance with the Tamil
Nadu Amendment Act, 2017. The respondents according to their whims and
fancies cannot plead before this Court that the amendment Act cannot be
construed to mean that only native breeds can participate in 'Jallikattu' events. It
is not known on what basis the respondents could make such a plea. Similarly it
is stated by the second respondent that as per the Act, 'Jallikattu' event cannot
be exclusively for native breeds and it is not illegal to permit cross breed bulls
in such events.
23.It is very shocking and surprising that such a plea has been made by
the second respondent in violation of the amendment Act. The above
contention of the respondent has to be deprecated. The Respondents have not
gone through the Act properly. When the policy of the legislature has been
exhibited in the amendment Act, the Respondents cannot go against the letter
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and spirit of the Act and contend that permitting the cross breed bulls is not
illegal and no explanation has been given for making such a stand. Such an
interpretation would lead to absurdity and in contrary to the Act. When the Act
only speaks about the native bulls, it is deemed that the other bulls are
prohibited from participating in it. The very Act itself is to preserve native bulls
to participate in 'Jallikattu' and is clearly explained in the object of the Act.
Hence, there is no ambiguity in the Act. It is well settled law that provisions of
law interpreted literally. The Hon'ble Supreme Court in the case of “Dr.(Major)
Meeta Sahai Vs State of Bihar and others” reported in “2019 (20) SCC 17”
held in Paragraph No.20 as follows:
"Statutory Interpretation
20. It is a settled canon of statutory interpretation that as a first
step, the courts ought to interpret the text of the provision and
construct it literally. Provisions in a statute must be read in their
original grammatical meaning to give its words a common textual
meaning. However, this tool of interpretation can only be applied
in cases where the text of the enactment is susceptible to only one
meaning. [Nathi Devi v. Radha Devi Gupta, (2005) 2 SCC 271,
para 13.] Nevertheless, in a situation where there is ambiguity in
the meaning of the text, the courts must also give due regard to
the consequences of the interpretation taken.”
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(b).Legislation is aimed at preserving native breeds of bulls. Therefore, the
provisions should be construed in tune with the intention of the statute. The
Hon'ble Apex Court in the case of “Chief Justice of Andhra Pradesh Vs
L.V.A.Dixitulu” reported in (1979) 2 SCC 34 held in Paragraph No.66 as
follows:
“66.The primary principle of interpretation is that a
Constitutional or statutory provision should be construed
“according to the intent of they that made it” (Coke). Normally,
such intent is gathered from the language of the provision. If the
language or the phraseology employed by the legislation is
precise and plain and thus by itself proclaims the legislative intent
in unequivocal terms, the same must be given effect to, regardless
of the consequences that may follow. But if the words used in the
provision are imprecise, protean or evocative or can reasonably
bear meanings more than one, the Rule of strict grammatical
construction ceases to be a sure guide to reach at the real
legislative intent. In such a case, in order to ascertain the true
meaning of the terms and phrases employed, it is legitimate for the
Court to go beyond the and literal confines of the provision and to
call in aid other well recognised rules of construction, such as its
legislative/history, the basic scheme and framework of the statute
as a whole, each portion throwing light on the rest, the purpose of
the legislation, the object sought to be achieved, and the
consequences that may flow from the adoption of one in
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preference to the other possible interpretation.”
(c).The intention of the Act is to preserve and protect the “native breeds of
bulls”. The adjective “Native” identifies and classifies distinctly “indigenious”
breeds of bulls only and it excludes other types of bulls like “Hybrid” and
“imported” bulls. Hence, the provision of law should be strictly interpreted
giving restrictive meaning to “Native breeds of Bulls”.
24.Even the Hon’ble Supreme Court in the A.Nagaraja’s case, described
only about the native breeds. It is stated as follows in paragraphs 16 to 19 of the
said judgment:
"16. Bulls (bos indicus) are herbivores, prey by nature adopted
to protest themselves when threatened engaging in a “flight
response”, that is run away stimulus, which they find when
threatening. Bulls, in that process, use their horns, legs, or brute
force to protect themselves from threat or harm. Bulls are often
considered to be herd animals. Bulls move in a relaxed manner
if they are within a herd or even with other bulls. Individual bull
exhibits immense anxiety if it is sorted away from the herd. Bulls
vocalise when they are forced away from the rest of the herd and
vocalisation is an indicator of stress. Bulls exhibit a fight or
flight response when exposed to a perceived threat. Bulls are
more likely to flee than fight, and in most cases they fight, when
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agitated.
17. Bulls usually stand to graze and pattern of grazing
behaviour of each herd member is relatively similar, which
moves slowly across the pasture with the muzzle close to the
ground and they ruminate resting. A bull is known to be having
resting behaviour and will avoid source of noise and
disturbance and choose non-habitual resting sites if the
preferred ones are close to the noise or disturbance, which is the
natural instinct of the bull. Study conducted also disclosed that
bulls have long memories. Factors mentioned above are the
natural instincts of bulls.
18. Bulls, as already indicated, according to the animal
behaviour studies, adopt flight or fight response, when they are
frightened or threatened and this instinctual response to a
perceived threat is what is being exploited in Jallikattu or
bullock cart races. During Jallikattu, many animals are
observed to engage in a flight response as they try to run away
from the arena when they experience fear or pain, but cannot do
this, since the area is completely enclosed. Jallikattu
demonstrates a link between actions of humans and the fear,
distress and pain experienced by bulls. Studies indicate that
rough or abusive handling of bulls compromises welfare and for
increasing bulls' fear, often, they are pushed, hit, prodded,
abused, causing mental as well as physical harm.
19. Jallikattu is a Tamil word, which comes from the term
“callikattu”, where “calli” means coins and “kattu” means a
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package. Jallikattu refers to silver or gold coins tied on the
bulls' horns. People, in the earlier time, used to fight to get at the
money placed around the bulls' horns which depicted as an act
of bravery. Later, it became a sport conducted for entertainment
and was called “Yeruthu Kattu”, in which a fast-moving bull
was corralled with ropes around its neck. Started as a simple act
of bravery, it later assumed different forms and shapes like
Jallikattu (in the present form), bull race, etc., which is based on
the concept of flight or fight. Jallikattu includes Manjuvirattu,
Oormaadu, Vadamadu, Erudhu, Vadam, Vadi and all such
events involve taming of bulls."
From the above it is clear that the Supreme Court spoke only about native bulls
viz., Bos Indicus and not about the imported or hybrid bulls viz., Bos Taurus.
25.The Tamil Nadu Prevention of Cruelty to Animals (Conduct of
Jallikattu) Rules, 2017 speak about the conduct of 'Jallikattu', examination of
bulls, bull run area, arena, bull collection yard, etc., Rule 5 Arena is extracted
as follows:
“5. ARENA:
(1) Arena shall be atleast a 50 square metre area. The bulls have
to be embraced by the participants within this 50 square metre
area.
(2) The participants shall not be permitted to stand in front of the
bulls as they enter the arena. They shall also not be permitted to
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W.P.No.2999 of 2020
block the exit way for the bulls. The participants shall be
permitted only to embrace the bulls by their hump and run along
with the bull for 15 metres or for 30 seconds or sustain three
jumps of the bull. The participants shall not hold on to the tail,
horns using their hands or restrict the movement of the bulls by
holding on to the bulls' legs. The participants violating these
guidelines shall be liable to be debarred from participating
further in the event. The 15 metre area shall be liberally strewn
with coir pith for cushioning effect to prevent any injuries to the
bulls or participants.”
The above rule makes it explicitly clear that the tamer is permitted to embrace
the bull by their hump which is only available in native breeds not in
imported/cross/hybrid breeds. The above rules also positively state that the
native breed bulls alone could be allowed to participate in 'Jallikattu'.
26.In view of the above, it is clear that the
(a) Amendment Act and Rules speak about only native bull viz., Bos
Indicus.
(b) The amendment Act is intended only to preserve and to ensure the
survival and continuance of native breeds of bulls.
(c) The 'Jallikattu' could be conducted making use of only native breeds
of bulls.
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W.P.No.2999 of 2020
(d)Native breeds of bulls alone have got hump which is a necessity for a
bull to participate, so that a tamer can cling/embrace on to the animal by
holding the hump for 30 seconds or run with the bull for 15 meters or
sustain three jumps of the bull.
(e)Moreover the tamer cannot hold onto any other part of the animal like,
tail, horns except the hump, using their hands.
27.No other bulls other than native bulls can participate in 'Jallikattu'.
There is a inbuilt prohibition under the Act to use other breeds including
imported hybrid/cross variety bulls to use it in 'Jallikattu' by employment of the
adjective “Native”. In view of the above prohibition, no owner or authority can
allow other bulls except native bulls to participate in 'Jallikattu'.
28.The contentions of respondents that the words “preservation of native
breeds of bulls” cannot be construed to mean that only native breeds can
participate in 'Jallikattu' events and that 'Jallikattu' events cannot be exclusively
for the native breeds alone and that permitting cross breed bulls to participate in
'Jallikattu' events is acceptable as per the Act and that it is not illegal to permit
the cross breed bulls in such events, are rejected and the said contentions are
deprecated.
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W.P.No.2999 of 2020
29.It is hereby made compulsory that bulls which have to participate in
'Jallikattu' shall be subject to veterinary examination by qualified Veterinarian
of Animal Husbandry department as per Rule 4 of the Prevention of Cruelty to
Animals (Tamil Nadu Amendment) Ordinance, 2017, and should be certified
that the animals are native breeds. While filing application to the Collector of
the District to participate in the 'Jallikattu' event, a certificate issued by the
Animal Husbandry Department certifying the bull as “native breed bull” shall
also be filed.
30.If any official or veterinary Doctor falsely certifies imported or
cross/hybrid breeds as native breeds, it would amount to violation of order of
this Court, warranting action under the Contempt of Courts Act, apart from
departmental proceedings to be initiated against them. The aggrieved party can
initiate contempt proceedings, if hybrid and/or imported bulls are found to be
used in 'Jallikattu'.
31.As the matter relates to preservation of native breeds of bulls,
incidentally, this Court goes into the denial of mating rights of cattle by
artificial insemination. It has come to the knowledge of this Court that artificial
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W.P.No.2999 of 2020
insemination is done for cattle breeding. Artificial insemination deprives of
bulls and cows the pleasure of mating which they are entitled to naturally.
Reproduction by natural process is a basic biological need which cannot be
interfered with. Denying and depriving right to copulate amounts to “cruelty”
to Animals under the provisions of the Prevention of Cruelty to Animals Act,
1960. When rights of “voice less” animals are violated, this Court has to raise
its “voice” to protect their rights. Therefore, it is advisable and appropriate to
use bulls for the purpose of cattle breeding in natural way which would protect
their rights, otherwise cows would be used as “manufacturing machines”.
32.The importance of “Indigineous Cattle Breeds in India” has been spelt
out in research article “Recently Recognized Indigenous Cattle Breeds in
India” reported in “International Journal of Current Microbiology and
Applied Sciences” ISSN:2319-7706 Volume 8 Number (2) (2019) and the
relevant portion reads as follows:
“India is the seventh largest country in the world and is a mega-
biodiversity centre (Srivastava et al., 2019). Over 70 per cent of its
people are engaged in vocations connected with farming and animal
husbandry. In India, total livestock population is 512.5 million and
among that 190.9 million are cattle, which is cover 37.28 percent of
total livestock population of the country (Anonymous, 2012). When we
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W.P.No.2999 of 2020
seeing global picture almost 30% of the world’s cattle population of
about 1.4 billion exist in in India (Robinson et al., 2014). India ranks
first in milk production with 165.4 million tonnes of milk in 2016-17,
out of those indigenous cattle contribute 11.3% and 9.5% by non-
descriptive cattle (BAHS, 2017). Livestock breeds are recognized as
significant components of world biodiversity because the genes and
gene combinations they carry may be useful to agriculture in the future
(Hall et al., 1995). Bosindicus cattle (Zebu cattle) were evolved over
hundred years with very little scientific selection and majorly followed
in Indian traditional animal husbandry practices, because of this zebu
cattle were much more adapted to harsh local environment, resistance
to tropical diseases and external parasites and sustenance on low
quality roughages and grasses (Sharma et.al.2015). A diversified agro-
ecological zones in India have helped to develop number of cattle
populations. Breed characterization allows to study assessment of
genetic variability, a fundamental element in working out breeding
strategies and genetic conservation plans. There are forty three
recognized breeds of cattle in India, in addition to large number of
non-descript cattle. In recent times, several of the indigenous breeds
suffered decline mainly due to their becoming uneconomical. India has
large number of breeds with wide genetic diversity than other
countries. The local breeds have many merits over exotic breeds viz.
better disease resistance than exotic breeds, more suitable for low
input management system, Survive better in local environmental
condition, Suitable for draught work In addition, existence of superior
indigenous breeds can provide valuable research inputs for developing
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superior breeds. It is therefore important that Indigenous breeds of
cattle are conserved, developed and proliferated. Breed registration
and recognition is a very important step for breed certification and all
relevant information regarding the enormous and biodiverse animal
genetic resources of our country the procedure shall lead to formation
of breed inventory and try identify and understand these unique genetic
resources which shall ultimately facilitate the genetic improvement of
the native livestock population.”
33. For the above reasons, this Court gives the following directions:-
1. The Respondents are directed to permit native breeds alone to participate
in Jallikattu events;
2. The Respondents are prohibited from allowing imported /hybrid /cross
bulls in Jallikattu events;
3. The Respondents are directed to get a certificate from Vetenary Doctors
certifying bulls, which are participating in Jallikattu events, are native
breeds and not imported /hybrid /cross breeds along with application for
participation in Jallikattu from owners of bulls.
4. The Respondents are directed to encourage bull owners /farmers to
groom native breeds by way of subsidy or incentives so that farmers will
be encouraged to groom native breeds;
5. The Respondents are directed to avoid as far as possible artificial
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insemination of animals, which would deny mating rights of animals
amounting to cruelty under the provisions of the Prevention of Cruelty to
Animals Act, 1960.
34.In fine, the Writ Petition stands allowed with the above directions.
Consequently connected Miscellaneous Petition is also closed. No costs.
(N.K.K.,J) (P.V.,J)
19.08.2021
sai
To
1.The Secretary,
The Department of Law Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai 600 009.
2.The Secretary,
Department of Animal Husbandary, Dairying and Fisheries
Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai 600 009.
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W.P.No.2999 of 2020
N.KIRUBAKARAN, J.
and
P.VELMURUGAN, J.
sai
3.The Principal Secretary to Government of Tamil Nadu,
Department of Home,
Secretariat,
Fort St. George,
Chennai 600 009.
4.The Executive Officer,
Alanganallur Town Panchayat,
Vadipatti Taluk,
Madurai District.
W.P.No.2999 of 2020
Dated : 19.08.2021
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