PRESIDENCY UNIVERSITY

JALLIKATTU CASE

By
Saralniruthiya.C.R
(20191BBL0081)
Vissnu priyan.S
(20191BBL0077)
 Introduction

Jallikattu (or sallikkattu), also known as eru thazhuvuthal and mañcuvirattu[2], is a traditional
event in which a bull (Bos indicus), such as the Pulikulam[3] or Kangayambreeds,[4] is released
into a crowd of people, and 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.

Jallikattu: History, Court Rulings, and Controversy

Jallikattu is a bull taming event practiced in Tamil Nadu as a part of Pongal

celebrations. Jallikattu is recently in news because of the Supreme Court
rulings, Government interventions and agitations from the public against the
Jallikattu ban. In this post, let’s analyze, Jallikattu and other important issues
associated with it in detail.

What is Jallikattu?

1. Jallikattu is a sport conducted as a part of Mattu Pongal (the 3rd day of

the four-day long harvest, Pongal).
2. Jallikattu is also known as eru thazhuvuthal or manju virattu.
3. The Tamil word ‘Mattu’ means bull and the 3rd day of Pongal is dedicated
to cattle. Bulls get precedence over cows because it helps in the
ploughing of field, pulling their cart of goods and mating with cows to
produce more offspring and in turn more production of milk.
4. Bulls are brought to a common place where the ritual happens. The
participants are supposed to embrace the bull’s hump and try to tame it
by bringing the bull to a stop.
5. Jallikattu is derived from the words ‘calli’ (coins) and ‘kattu’ (tie), which
means a bundle of coins is tied to the bull’s horns. In older times, the
tamer sought to remove this bundle from the animal’s head to win gold or
silver. He would be called ‘brave’ and ‘valourous’ and would also
sometimes be rewarded with a bride.
 What is the history of Jallikattu?

6. Jalikattu is believed to have been practiced since at least 2500 years.

7. A seal from Indus Valley civilization depicting the practice is preserved in
the National Museum, New Delhi.
8. A cave painting that depicts a man trying to tame a bull is estimated to be
2500 years old by the Archaeologists.
9. There are references to people enjoying witnessing and participating in
Jalikattu in Silappatikaram one of the 5 great epics of Tamil classical
period and 2 other ancient literary works like Kalithogai and
Malaipadukadaam

Why PETA and other animal rights activists want to ban Jallikattu

10. Bulls are deliberately placed in a terrifying situation in which they are
forced to run away from a mob of men. The bulls are so frightened that in
desperation they jump off barriers which result in fatal injuries. The
participants and spectators are also at risk.
11. Bulls are often provoked with alcohol, sticks, knives, sickles and even
chilli powder in the eyes.
12. Betting on the bulls is another problem.

Judgments on Jallikattu

13. In 1991, the Environment Ministry had banned the training and exhibition
of bears, monkeys, tigers, panthers and dogs. This was challenged by
the Indian Circus organisation in the Delhi High Court but the court
upheld the notification.
14. The ban on Jallikattu itself has existed on and off since 2006.
15. In 2006, the Madras High Court banned it after the death of a young
spectator.
16. In 2009, the ban was subsequently lifted with the Tamil Nadu
Regulation of Jallikattu Act, 2009.
17. In 2011, the Environment Ministry at the Center issued a notification
especially mentioning ‘bulls’.
18. But even after the 2011 notice, the Jallikattu practice continued to be
held because under the Tamil Nadu Regulation Act No. 27 of 2009.
19. After it was found that the regulations were not being followed and that
bulls were indeed being subjected to cruelty as defined under the
Prevention of Cruelty to Animals Act, 1960, the Animal Welfare Board of
India (AWBI) and People for the Ethical Treatment of Animals (PETA)
filed a petition.
20. In 2014, the Supreme Court banned Jallikattu and struck down the
2009 act.
21. In January 2016, in what could be seen as a clearly political move,
the union environment ministry revoked the ban by issuing a
notification months before the elections in Tamil Nadu were due to
be held.
22. In January 2016, Supreme Court stayed this 2016 Union
Government notification, as it was challenged by the AWBI and
PETA. The case is still being heard and so far the Court has not
delivered its final verdict.
23. On 8 January 2017, several hundreds of protesters conducted a rally at
Chennai Marina opposing the ban on Jallikattu. The participants walked
from the lighthouse to the labour statue bearing posters saying ‘save
Jallikattu’. Following the protests at Chennai, many students started
rallies in various towns of Tamil Nadu. Numerous illegal Jallikattu events
were held across Tamil Nadu in protest of the ban, and hundreds of
participants were detained by police in response.
24. Due to these protests, on 21 January 2017, the Governor of Tamil Nadu
issued a new ordinance that authorized the continuation of jallikattu
events. The ordinance is a ‘State amendment’ to the Central Act –
Prevention of Cruelty to Animals Act (1960). This means that in its
application to Tamil Nadu, some provisions will be different from what
they are for the rest of the country. PCA falls under Entry 17 (Prevention
of Cruelty to Animals) in the Concurrent List of the Constitution. This
means both the Centre and the States have concurrent power to enact
laws on the subject.
25. On 23 January 2017, the Tamil Nadu legislature passed a bi-partisan bill,
with the accent of Indian President, exempting jallikattu from the
Prevention of Cruelty to Animals Act (1960). But Prevention of Cruelty to
Animals (Tamil Nadu Amendment) Act of 2017 is not much different from
the state law overturned by Supreme Court in 2009.
Supporters arguments for continuing Jallikattu

26.
27. Jallikattu is a way through which farmers flaunt their personal strength,
the strength of their bulls, love for their cattle and how well they have
looked after them and a chance to find out the most potent bull to mate
their cows.
28. For a Tamilian, the bull is a member of the family and to establish their
identity as a hardworking, self-sufficient and powerful Tamilian.
29. The supporters of jallikattu argue that on the basis of these rare issues
the Supreme Court cannot ban 2500 years old tradition.
30. If the sport is banned, farmers will be forced to abandon the raising of
native livestock (Bos indicus bull, such as the Pulikulam breed
or Kangayam breed) which already stands threatened due to the
extensive use of motor pumps, tractors, and mechanized agriculture.

What are the recent policies of India on Animal Advocacy?

31. The National Green Tribunal placed an interim ban on glass-coated kite
flying strings after a petition by PETA because it causes the death of
many birds. The ban came just before Makar Sankranti.
32. In December 2016, the Hyderabad High Court upheld the ban on
cockfighting in Andhra Pradesh and Telangana, after a petition was filed
by the AWBI, HSI India (Humane Society International), PFA, and other
organisations.
33. In 2016, an amendment to the Schedule Y of the Drugs and Cosmetic
Rules, 1945, was passed by the Ministry of Health and Family Welfare,
following appeals by PETA India, HSI India (Humane Society
International), and the Union Minister Maneka Gandhi. The amendment
prevents testing on animals for new drug including two cruel and
obsolete drug tests on rabbits, including the Draize irritation test.
34. In 2016, HSI India and People for Animals urged the Director General of
Foreign Trade to take cognisance of animal welfare concerns related to
the shipping and import of dogs that are not suitable to India’s tropical
climate, including Siberian huskies, St Bernard’s, and Alaskan
 malamutes.They are often left out by the owners because they do not
have a proper understanding of the breed’s requirements.
35. The Gujarat High court banned the caging of birds in Dadra and Nagar
Haveli after an appeal was filed by PETA India, as it is the fundamental
right of the bird to live freely in the open sky. If the birds are kept caged it
will amount to illegal confinement.
36. Following efforts by PETA India, new veterinary education regulations
will eliminate the killings of calves. According to PETA, almost 1,000
calves are killed annually in India to teach veterinary anatomy and
surgery to medical students, along with thousands of frogs, rats, guinea
pigs, and rabbits. The regulations will include computer simulation, the
setting up of an ethically-sourced body-donation programme and other
humane teaching methods.

Article 29 - In the Constitution Of India & the Jallikattu Row

Protection of interests of minorities (1) Well, any section of the citizens residing in the
territory of India or any part thereof having a distinct language, script or the culture of its
own shall have the right to conserve the same. (2) However, no citizen shall be denied
admission into any of the educational institution maintained by the State or receiving aid
out of the State funds on the grounds only of the religion, race, caste, language or any
of them. Relevant Facts for Prelims: [i] As per Article 29, Minorities are recognised on
the basis of: [a] Linguistic Minorities [b] Religious Minorities Remember: There are no
caste Minorities. [ii] Even if an institution is receiving “aid”, then also no citizen shall be
denied admission. [iii] An institution not receiving aid is not bound to provide admission
to citizens from other communities. [iv] The first provision protects the right of a
group while the second provision guarantees the right of the citizen as an
individual irrespective of the community to which they belongs.

• Supreme Court’s observations:

o The Supreme Court held that the scope of this article is not necessarily restricted
to the minorities only, as it is commonly assumed to be.
o However, this is because of the use of the words ‘section of citizens’ in the
Article which include minorities as well as the majority.

The Art 29(1)

Article 29(1): Rights of citizens to preserve their language, script and culture.
 • Article 29(1) is not subjected to any reasonable restrictions. The right conferred upon the
citizens to conserve their language, Script and culture is made absolute by the
Constitution.
• This right however is subject to restrictions contained in Articles 25 to 30. Promotion of
the majority language does not mean stifling of minority language and script.
• To do so will be to trespass on the rights of those sections of the citizens which have
distinct language or script which they have right to conserve through their own
educational institutions.

Rationale for Linguistic recognition:

• to provide greater facility for the development of the people of the area educationally,
socially and culturally in the regional language.

Art 29(2)
Article 29(2): Right of the citizen not to be denied admission into any State maintained or
State aided educational institution.

• The right guaranteed under this Article is not restricted to minorities but extends to all
citizens whether belonging to majority or minority.

Supreme Court Verdicts:

• In State of Bombay v. Bombay Education Society’s Case, 1954 SC held that limiting
this right only to minority groups will amount to holding that the citizens of the majority
group have no right to be admitted into an educational institution for the maintenance of
which they contribute by the way of taxes.
• In Ravneet Kaur v. Christian Medical College, Ludhiana’s Case 1998, the Court held
that a private institution receiving aid from the State cannot discriminate on grounds of
religion, caste, race language or any of them.

Current Linkage for Art.29 Jallikattu row- Case Study: Can Jallikattu Be A Protected
'Cultural Right'? SC will decide.

• In February, 2018, A Supreme Court Constitutional Bench was set-up to look into
Jallikattu sport of Tamil Nadu and Bullock Cart race in Maharashtra and decide whether
these states can conserve their respective sports as a cultural right guaranteed by
Article 29(1).
• While reserving the case for final judgment in the previous hearing, Chief Justice orally
observed that “It has never been looked into whether a State can claim
constitutional protection under the Article 29 (1) for what it thinks is a cultural
right”
• The bench will also look into the laws- The Prevention of Cruelty to Animals (Tamil Nadu
Amendment) Act of 2017 and Prevention of Cruelty to Animals (Conduct of Jallikattu)
Rules of 2017 and examine whether they promote objective of “prevention” of cruelty
 to animals under the Prevention of Cruelty to Animals Act of 1960 and if they
conform to the basic tenets of the 1960 Act.

Petitioner- PETA (People for the Ethical Treatment of Animals) The PETA’s contention- The
2017 Jallikattu Act and also the Rules violate the five internationally recognised freedoms — the
freedom from the hunger, malnutrition and also the thirst; freedom from both the fear and the
distress; freedom from physical and thermal discomfort; freedom from pain, injury and disease;
and also freedom to express normal patterns of behaviour. Tamil Nadu government’s
stand- 80% of the population of the State supported jallikattu and the sport had strongholds in
the rural parts. Furthermore, the Justice Nariman referred to a part of the Article 29 (1) which
says “any section of the citizens residing in the territory of India”. In fact, he also said that-
“Tamil Nadu is definitely a part of our India” Attorney General K.K. Venugopal said that the
support for jallikattu was irrespective of religion or caste and referred to the SC decision in the
Ahmedabad St. Xavier's College Society case, where it was indicated that the scope of
Article 29 (1) does not necessarily confine itself to the cultural rights of minorities but
may well inclu de the majority.

Conclusion
The legal situation surrounding jallikattu is as yet not clearly resolved.
Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act of 2017
is not much different from the state law overturned by Supreme Court in
2009. For the Supreme Court, the question of interim stay on Tamil
Nadu’s Jallikattu Amendment Act is still open.
The matter will only be truly resolved if the Prevention of Cruelty to
Animals Act (PCA) is amended by the Parliament. State ordinances and
state laws cannot overrule an Indian federal law.
Again, if Jallikattu is a part of Tamil culture, it has to be conducted with
protection to animals and human beings. It should be regulated by an
authority. Age old traditions and cultures need to be revisited if they are
in violation of the laws of the land.

References

1. François Gautier. A Western Journalist on India: The Ferengi's Columns.

2. ^ Ramakrishnan, T. "Governor clears ordinance on 'jallikattu'". The Hindu. Retrieved 26
February 2017.
3. ^ Valerie Porter; Lawrence Alderson; Stephen J.G. Hall; D. Phillip Sponenberg. Mason's World
Encyclopedia of Livestock Breeds and Breeding, 2 Volume Pack. CAB International. p. 275.
4. ^ Ramesh, C.; Mariayyah, P.; Senthilkumar, A.; Rajendran, K. (2014). "A Study of Sports and
Recreational Activities of Pura Village People and their Attitude Towards these Activities". Journal of
Recent Research and Applied Studies. 1 (7): 89–94.
5. ^ Anugula, Himakiran. "Banning Jallikattu Will Decimate India's Indigenous Cattle Breeds – The
Wire". Retrieved 17 January 2017.
6. ^ "What is Jallikattu? - This 2,000-year-old sport is making news in India. Here's why – The Economic
Times". Retrieved 17 January 2017.
7. ^ a b Safi, Michael (23 January 2017). "Tamil Nadu passes order to lift bull-taming ban after angry
protests". The Guardian. ISSN 0261-3077. Retrieved 26 March 2020.
8. ^ a b "Buzzing with bull talk". The Hindu. 8 January 2014. Retrieved 8 January2014.
9. ^ "Politics of Pongal: Outrage over Jallikattu but not over drought in Tamil Nadu". 14 January 2017.
10. ^ Grushkin, Daniel (22 March 2007). "Fearless Boys with Bulls in Avaniapuram". The New York Times.
Retrieved 9 July 2008. The ritual dates back as far as 2,000 years...
11. ^ "Who said bullfighting is cruel?". Firstpost. 12 January 2012.
12. ^ T. Subramaniam (13 January 2008). "Bull-baiting of yore". The Hindu. Retrieved 12 January 2017.
13. ^ "Bull chasing, an ancient Tamil tradition". The Hindu. Retrieved 13 January 2013.
14. ^ "An ancient tradition sport". The Hindu. Archived from the original on 26 June 2014. Retrieved 13
January 2013.
15. ^ "'Bulls cannot be hurt' is the golden rule of Jallikattu, but who follows it?". asianetnews.tv.
Retrieved 16 March2018.
16. ^ "Jallikattu: What are the rules of the game". Outlook. Retrieved 20 January2017.
17. ^ Natarajan, Swaminathan (19 July 2016). "Jallikattu: Why India bullfighting ban 'threatens native
breeds'". BBC News. Retrieved 17 January 2017.

External links

1 .Video from 2013 Animal Welfare Board investigation

into animal cruelty at Jallikattu .

2. Video of a Jallikattu event.

3. Jallikattu Premier League.