The SC has refused to ban Jallikattu, a traditional festival celebrated every year in Tamil Nadu. The court demanded cancellation citing cruelty to the bulls participating in it.
Big news has come from the Supreme Court in terms of Tamil Nadu, Maharashtra and Karnataka. Jallikattu in Tamil Nadu, bullock cart race in Maharashtra and Kambala in Karnataka have been allowed by the Supreme Court.
In the petitions filed in the Supreme Court, these traditional games were described as cruelty against animals. Along with this, it was also said that the Parliament has enacted the Animal Cruelty Prevention Act. The states have amended it and interfered in the jurisdiction of the Parliament. But the Supreme Court has rejected the arguments.
The traditional sport of taming bulls in Tamil Nadu is called Jallikattu. Similarly, bullock cart race is also organized in Maharashtra and Kambala buffalo race is organized in Karnataka. In 2014, the Supreme Court ordered a ban on these games, calling them cruelty to animals. The Supreme Court had also accepted that these games are against the Prevention of Cruelty Against Animals Act made by the Parliament.
‘States have already taken measures to ensure that there is no cruelty to animals…’
Later, all the three states amended the law and made changes in the Animal Cruelty Prevention Act. The states allowed these games while eliminating cruelty to animals. The states argued that laws can be made for the protection of culture under Article 29(1) of the Constitution. All these sports are related to the culture of the state, whose protection is necessary. The states also said that in Article 48 of the Constitution, the promotion of animals has been described as the responsibility of the states. To save the breeds of animals that participate in these traditional games, it is necessary to keep organizing the games.
A 5-judge constitution bench headed by Justice KM Joseph heard the matter for 7 days last year. Now giving the verdict, the bench has accepted that these laws do not violate the ‘Doctrine of Colorable Legislation’ and ‘Doctrine of Pith and Substance’. Both these principles for law say that the states cannot legislate on any such subject in which the Parliament has authority.
The states did not commit any mistake by enacting the law
The Supreme Court has said that the states have taken appropriate measures to protect animals from cruelty. Preservation of culture and promotion of traditional breed of animals is also the responsibility of the state government.
On this basis also, he has not committed any mistake by amending the law. The Supreme Court has made it clear that if someone does cruelty to animals during these games, then the government will have to take necessary legal action against him.