SC refers pleas against Jallikattu to Constitution bench

Ashish Tripathi, DH News Service, New Delhi Feb 3 2018, 1:20 IST

Sport Jallikattu, PTI file photo

The Supreme Court on Friday referred to the five-judge Constitution bench to decide if the Tamil Nadu's 2017 law allowing Jallikattu can be granted protection under the fundamental right of a group of citizens to conserve their culture.

A bench of Chief Justice Dipak Misra and Justice R F Nariman framed five questions to be determined by the Constitution bench, on a batch of petitions filed by animal rights' group including the one by the Animal Welfare Board of India.

The Constitution bench's decision would have a bearing on the case pertaining to 'Kambala', baffalo race, being organised in the parts of Karnataka, though the plea challenging its permission through a state Ordinance has earlier been put for consideration separately.

After huge clamour for organising Jallikattu, the Tamil Nadu government passed the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017, which received the Presidential assent on January 31, 2017.

A batch of writ petitions were filed challenging the Union government's notification of January 7, 2016 allowing the bull-race. Subsequently, with the passage of the law, the petitioners sought direction to quash it. They claimed the notification as well as the law violated the apex court's ruling in 'Animal Welfare Board of India vs A Nagaraja and Ors (2014) that had declared the festival as unconstitutional in view of cruelty to the animals.

After finding that these matters involved a substantial question of law, the bench framed the questions, including if the Tamil Nadu law does perpetuate cruelty to animals; and can it, therefore, be said to be a measure of prevention of cruelty to animals, for adjudication by the Constitution bench.

"Is the Tamil Nadu Amendment Act, in pith and substance, to ensure the survival and well-being of the native breed of bulls? Is the act relatable to Article 48 (agriculture and animal husbandry) of the Constitution," the question stated.

"Does the Tamil Nadu Amendment Act go contrary to Articles 51A(g) (protect living creatures) and 51A(h) (develop scientific temper), and could it be said, therefore, to be unreasonable and violative of Articles 14 (equality) and 21 (right to life and liberty) of the Constitution," the court further asked.

The Constitution bench would also decide if the state law could remove the defects pointed out by the apex court's 2014 judgement on Jallikattu.