The Madras High Court recently ruled that only native breeds
The Madras High Court recently ruled that only native breeds of bulls are allowed while permitting the Jallikattu. No foreign or cross breed of bulls to be allowed in the sport.
E Seshan v. The Secretary, The Department of Law Government of Tamil Nadu and Ors.
The court said use of imported bulls and hybrids in Jallikattu has no legal sanction.
“No other bulls other than native bulls can participate in ‘Jallikattu’. There is an inbuilt prohibition under the Act to use other breeds including imported hybrid/cross variety bulls to use it in ‘Jallikattu’ by employment of the adjective “Native”. In view of the above prohibition, no owner or authority can allow other bulls except native bulls to participate in ‘Jallikattu’,“
The Bench of Justice N. Kirubakaran and Justice P. Velmurugan passed the order while allowing a writ petition filed by E. Seshan of Chennai
The Bench pointed out that the State government had enacted legislation in 2017 for the conduct of Jallikattu and the primary objective of that legislation was to preserve native breeds such as Pulikulam, Umbalachery, Nattumadu, Malaimadu and Kangeyam.
The petitioner raised concerns that it is only native Indian breeds, which have a hump on their back large enough for the ‘tamer’ to hold on reliably during Jallikattu. The crossbreeds of cattle either do not have humps or have tiny humps which are also not aligned to their front legs as in the case of pure native breed bulls. The absence of large humps makes it impossible to play the game of Jallikattu in which men were expected to cling on to the bulls by holding to their humps.
It was further contended that the use of non-native bull breeds ran contrary to the 2017 Tamil Nadu amendment which allowed Jallikattu in Tamil Nadu after the Supreme Court initially banned the sport in 2014 as being cruel.
“It is clear that the conduct of ‘Jallikattu’ is to promote the tradition and culture and ensure the preservation of native breeds of bulls and also their safety, security and well being. That apart, the above amendments also make it clear that they specifically talk about native breeds of bulls only and no other breeds of bulls … When the Act only speaks about the native bulls, it is deemed that the other bulls are prohibited from participating in it,” the Court said.
The court issued the following directions:
- The respondents (State authorities and President, Jallikattu Peravai) are directed to permit native breeds alone to participate in Jallikattu events.
- The respondents are prohibited from allowing imported /hybrid /cross bulls in Jallikattu events.
- The respondents are directed to get a certificate from veterinary doctors certifying bulls, which are participating in Jallikattu events, are native breeds and not imported /hybrid /cross breeds along with application for participation in Jallikattu from owners of bulls.
- The respondents are directed to encourage bull owners /farmers to groom native breeds by way of subsidy or incentives so that farmers will be encouraged to groom native breeds.
- The respondents are directed to avoid as far as possible artificial insemination of animals, which would deny the mating rights of animals, amounting to cruelty under the provisions of the Prevention of Cruelty to Animals Act, 1960.