The Supreme Court on Thursday upheld the constitutional validity of the amendments made by the States of Tamil Nadu, Karnataka and Maharashtra to the Prevention of Cruelty to Animals Act, in order to permit the conduct of animal sports such as jalikattu, Kambala and bull-cart racing.
A five-judge Constitution Bench of Justice K.M. Joseph, Justice Ajay Rastogi, Justice Aniruddha Bose, Justice Hrishikesh Roy and Justice C.T. Ravikumar dismissed a batch of petitions challenging the legality of these amendments.
The States had passed these amendments after the Apex Court, while delivering its verdict in the Animal Welfare Board of India v. A. Nagaraja And Ors case in 2014, had banned jallikattu and similar activities.
The Constitution Bench today ruled that these laws cannot be construed as ‘colourable legislations’ and that the State legislature had the legislative power to make these amendments as per Entry 17 to List II of the Seventh Schedule.
It said that these amendments did not go contrary to the ratio of the judgment in Nagaraja.
The Apex Court ruled that the effect of these laws was to minimise the pain and suffering caused to the animals. It also noted that the amendments, having received the assent of the President, could not be faulted.
Reading out the operative part, Justice Bose said that in the A Nagaraja case, the sport was held to attract the restrictions under the Prevention of Cruelty to Animals Act, because of the manner in which it was practised. He noted that the amendment Act and rules substantially minimised pain and suffering to animals.
The Constitution Bench said that it cannot decide if jallikattu was part of a cultural heritage. It further observed that it was satisfied with the materials saying that jallikattu has been going in Tamil Nadu for the last one century.
Whether this was part of an integral part of Tamil culture required a greater detail, an exercise which the judiciary could not undertake. When the legislature had declared that jallikattu was part of the cultural heritage of the state, the judiciary could not take a different view. The legislature was best suited to decide that, noted the Apex Court.
The Bench added that its decision would similarly apply laws on Kambala and bull-cart racing in Maharashtra and Karnataka and directed that these laws be followed strictly. It further directed the District Magistrates to ensure strict compliance of these laws.
The Supreme Court passed the orders on a batch of petitions, which were initially filed to quash and set aside a notification issued by the Union of India on January 7, 2016, which allowed the conduct of these animal sports activities.
The petitions filed by the Animal Welfare Board of India, PETA and other animal rights groups sought to direct the concerned states to comply with the 2014 judgment of the Apex Court in Animal Welfare Board of India vs A. Nagaraja And Ors, which banned jallikattu.