Jallikattu to go on in Tamil Nadu, Supreme Court upholds amendment to animal cruelty law

Jallikattu in Madurai

The Supreme Court on May 18 allowed Jallikattu, which originated in Tamil Nadu, to go on, upholding the state’s law that exempted the bull-taming sport from the Prevention of Cruelty to Animals Act, 1960 on grounds of culture and tradition.

While a constitution bench of the court said Jallikattu has been played in Tamil Nadu for a few centuries, whether it was a part of the state’s cultural tradition would have to be debated in Parliament and not in the court.

The apex court has also upheld laws by Karnataka and Maharashtra allowing Kamabala and bullock-cart racing.

Speaking to Moneycontrol, Senior Advocate and DMK Rajya Sabha MP P Wilson said "Welcome the judgement (on Jallikattu) Victory for all Tamil’s around the world."

Case file

Usually held during the Pongal festival in January, Jallikattu is said to have originated in Tamil Nadu between 400 and 100 BCE. A native breed of bull is released into a crowd and participants try to grab the hump on the bull's back with both arms and hang on to it as the animal tries to escape.

The participants hold on to the hump in an attempt to bring the animal to a stop. In some cases, participants must ride long to remove the flags tied to the bull's horns.

In 2014, a two-judge bench of the Supreme Court declared Jallikattu illegal, saying it violated the prevention of cruelty to animals act.

The court said the practice was cruel and caused the animal pain and suffering. Despite many efforts by the Tamil Nadu government, the court’s ban could not be reversed.

Animal rights vs tradition 

In 2016, the Centre passed a notification, exempting the sport from performances where bulls couldn’t be used, effectively reversing the ban. The Supreme Court, however, struck down the notification, upholding the ban.

In 2017, protests against the ban spread across Tamil Nadu, creating a law and order situation. The Centre then passed the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act of 2017 and Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules of 2017, which permitted jallikattu as a part of the state’s culture and tradition.

The act was challenged in the Supreme Court and referred to a Constitution Bench in 2018. The case was in cold storage for four and a half years before a constitution bench led by Justice KM Joseph was formed to hear the case.

The case was argued in November and December 2022, where counsel for the animal rights board contended that a sport that causes harm to the animals and was in violation of the Prevention of Cruelty to Animals Act could not be legalised in the name of culture and heritage.

Jallikattu could be harmful to both bulls and humans, they argued.

Jallikattu was both a religious and cultural phenomenon celebrated by Tamilians across the world, cutting across caste and creed, the Tamil Nadu government argued. Jallikattu was a symbol of a community’s identity. The court had reserved order in December 2022.