Legal essay

Topic: Whether Jallikattu in Tamil Nadu’s celebrated custom or Is it animal abuse?

Abstract

The term 'Jallikattu' is derived from the Tamil words 'Jalli' which means ‘silver
coin,' and 'kattu' which means 'tied.' A gold coin was once wrapped in a piece of
cloth that was fastened around the bull's horns with coconut fibre. To win the prize,
men would tie themselves to the bull's hump and untangle the knots.1The conflict
between cultural rights and animal rights erupted in India when the Supreme
Court's 2014 ruling banning Jallikattu was overturned by legislation enacted by the
Tamil Nadu government, for which cultural rights protection under Article 29(1) of
the Constitution was claimed. Essential questions about the interpretation of
Article 29(1) and the resulting resolution of the conflict in India have arisen.
Through proper regulation and implementation, such interpretation also allows for
resolution through systematic synchronization of cultural rights with animal
rights.2

1
Rostrum's Law Review. 2022. Jallikattu: A Celebrated Culture or Animal Abuse? – Rostrum's Law Review.
[online] Available at:
<https://journal.rostrumlegal.com/jallikattu-a-celebrated-culture-or-animal-abuse/#:~:text=Nagaraja%20judgment%
2C%20the%20Supreme%20Court%20held%20Jallikattu%20cruelty%20to%20bulls.&text=In%20the%20case%20o
f%20A,there%20is%20prohibition%20of%20cruelty.> [Accessed 13 March 2022].
2
Taylor & Francis. 2022. Resolving the cultural right-animal right conflict in India: analyzing Article 29(1) through
the paradigm of Jallikattu. [online] Available at:
<https://www.tandfonline.com/doi/abs/10.1080/03050718.2019.1635510> [Accessed 13 March 2022].
Introduction

Supporters of Jallikattu usually base their arguments on two points:

● Jallikattu is their cultural or traditional right or custom.

● Jallikattu is a harmless custom. However, the situation is not as
straightforward as they claim.

Jallikattu is a custom

Jallikattu is a traditional practice, and according to Art 29(1) of the Indian

constitution, any section of the citizens residing in the territory of India or any part
thereof having a distinct language script or culture of its own shall have the right to
conserve the same. However, a conflict arises between constitution and custom
when a question arises in our minds: if Jallikattu is upheld by the constitution
bench as a cultural right and part of the "collective culture" of the country.3

Bulls are always considered to be a vehicle of Lord Shiva in Tamil tradition and
culture, and as such, they are to be worshipped. Even the TNRJ Act's statement of
object and reasons does not mention any religious significance. Not only that but
Jallikattu as it is practiced today was never supported by ancient culture and
tradition. Previously, it was only regarded as a brave act and was only carried out
as a necessary custom, but now it is regarded as a source of entertainment.

3
Jus Dicere. 2022. Constitution versus Customs with Special Reference to the Jallikattu - Jus Dicere.
[online] Available at:
<https://www.jusdicere.in/constitution-versus-customs-with-special-reference-to-the-jallikattu/#:~:text=Con
clusion-,Abstract,the%20bull%20attempts%20to%20escape.> [Accessed 14 March 2022].
Jallikattu is harm to animals and humans involved

Jallikattu was discovered to violate human rights, dignity, social equality, and the
specific mandate of the Constitution and law made by Parliament, any custom or
usage, regardless of any proof of its existence in pre-constitutional days, cannot be
countenanced as a source of law to claim any rights. Courts in the country will not
accept or uphold any usage that is found to be pernicious and in violation of the
law of the land, or that is opposed to public policy or social decency.4

Bulls are prohibited from being trained and used for entertainment in circuses or on
the streets, according to the Prevention of Cruelty to Animals Act of 1960.5 Today,
no coins are tied, but a symbolic cloth is still tied around the bull's horn as a token.
Also, according to the rules, no more than one person can try to control the bull or
hang from its hump at the same time. In practice, however, this does not happen.

Although it is claimed that Jallikattu causes no harm, according to data released by

the Animal Welfare Board of India (AWBI), around 43 people died as a result of
this sport between 2008 and 2014. During the same time period, four bulls died.
Around 300 people are killed or seriously injured during this time. Furthermore,
approximately 170 spectators and 400 participants were seriously injured in
various locations.6

4
Rostrum's Law Review. 2022. Jallikattu: A Celebrated Culture or Animal Abuse? – Rostrum's Law Review.
[online] Available at:
<https://journal.rostrumlegal.com/jallikattu-a-celebrated-culture-or-animal-abuse/#:~:text=Nagaraja%20judgment%
2C%20the%20Supreme%20Court%20held%20Jallikattu%20cruelty%20to%20bulls.&text=In%20the%20case%20o
f%20A,there%20is%20prohibition%20of%20cruelty.> [Accessed 14 March 2022].
5
India code: Prevention of Cruelty to Animals Act, 1960, ,
https://www.indiacode.nic.in/handle/123456789/11237?locale=en (last visited Mar 28, 2022).

6
Editor, Jallikattu: A celebrated culture or animal abuse? Rostrum's Law Review (2018),
https://journal.rostrumlegal.com/jallikattu-a-celebrated-culture-or-animal-abuse/ (last visited Mar 28, 2022).
Bulls are also chained, beaten, and subjected to other inhumane treatment that
causes them great suffering. Bulls engage in fighting behavior when they feel
threatened or frightened, according to studies; this explains why bulls flee from
people during Jallikattu because they are afraid and in pain. Numerous people have
beaten, poked, prodded, harassed, and jumped on bulls. Their tails have been bitten
and twisted, and their eyes and noses have been stuffed with irritants.

Conclusion

Jallikattu is not only dangerous to the animals, but it is also common to see that
when a large number of people attend an event, they have a strong desire to be a
part of the action, and in order to do so, they frequently put themselves in danger
by continuing to handle bulls in a crude manner, risking their own lives and
endangering others. The government has also established some rules to regulate
this sport, but it is frequently observed that no one adheres to them.

Despite a Supreme Court ban in 2014, Tamil Nadu's Prevention of Cruelty to

Animals (Tamil Nadu Amendment) Act of 2017 and Prevention of Cruelty to
Animals (Conduct of Jallikattu) Rules of 2017 allowed the bull-taming sport to be
conducted.7 In the case of welfare board of India Vs. A. Nagaraja and Ors8 decision
that year, the Supreme Court declared Jallikattu to be cruel to bulls.

Though the ban on Jallikattu was widely supported, it was also felt that the sudden
ban of this centuries-old sport caused such a stir. As a form of protest, people
buried themselves up to their necks in the Marine beach. All of these strange
7
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portrait */@media (min-width: 768px) and (max-width: 1018px){ et al., Jallikattu begins today - the 'barbaric sport'
that celebrates hard-working Tamil farmer ThePrint (2020),
https://theprint.in/theprint-essential/jallikattu-begins-today-the-barbaric-sport-that-celebrates-hard-working-tamil
-farmer/349508/ (last visited Mar 28, 2022).

8
A. Nagaraja, (2014) 7 SCC 547
protests could have been avoided if the government had issued an Ordinance lifting
the ban on Jallikattu. Simultaneously, the central and Tamil Nadu governments
should have launched a public awareness campaign about animal cruelty.