MC Explains: How a bull-taming sport from Tamil Nadu reached the Constitution Bench of the Supreme Court

Jallikattu and SC

With the apex court closing for a five-week break beginning May 20, coupled with Justice KM Joseph retiring during the vacations, it is expected that the judgment on the constitutional validity of Jallikattu may be pronounced this week.

Jallikattu, a bull-taming sport that is usually played during the Pongal festival in January, is said to have originated in Tamil Nadu between 400 and 100 BCE. Typically a native breed of bull is released into a crowd of people, and multiple human participants attempt to grab the large hump on the bull's back with both arms and hang on to it while the bull attempts to escape.

Those participating in the sport have to hold the hump of the bull as long as possible, in an attempt to bring the animal to a stop. In some cases, participants must ride long enough to remove flags on the bull's horns.

Despite the sport having been a part of the Tamil Nadu’s cultural heritage, there has been a lot of controversy about how the bulls are treated while playing it. As a result, animal rights groups have been urging the government to ban it.

Moneycontrol explains how the issue reached the Supreme Court twice, how it became a reason for protests across Tamil Nadu and what was argued in the courts.

How did the issue reach the Supreme Court?

People for Ethical Treatment of Animals (PETA) and Animal Welfare Board of India had both approached the courts seeking a ban on Jallikattu. They alleged that the sport, especially in the southern part of Tamil Nadu, involves physical and mental torture of bulls for human pleasure and enjoyment.

In 2014, a two-judge bench of the Supreme Court declared Jallikattu illegitimate, finding it to be in violation of the Prevention of Cruelty to Animals Act, 1960. The court found that the practice was cruel and caused the animal unnecessary pain and suffering. Despite many efforts by the Tamil Nadu government, the court’s ban could not be reversed. Ultimately, the central government in 2016 attempted to pass a notification exempting the sport from performances where bulls cannot be used, which effectively reversed the ban. The Supreme Court, however, struck down this notification and ultimately upheld the ban.

How did the case reach the Constitution Bench?

In 2017, protests against the ban on jallikattu started spreading across Tamil Nadu. This led to a serious law and order situation in the state. As a result of this, the central government 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 to go on as it is a part of the state’s culture and tradition.

This act was challenged in the Supreme Court and was 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 has contended that a sport that causes harm to the animals and is in violation of the Prevention of Cruelty to Animals Act cannot be made legal in the name of culture and heritage. They further argued that Jallikattu is a sport that can be harmful to both bulls and humans.

The Tamil Nadu government argued that Jallikattu is both a religious and cultural phenomenon that is celebrated by Tamilians across the world cutting across caste and creed lines. The government further argued that Jallikattu is a practice that is symbolic of a community’s identity. The court reserved the case for order in December 2022.

Justice Joseph, who led the Constitution Bench which heard the case, is due to retire on June 16, during the court’s summer vacation, owing to which the judgment is expected to be pronounced this week.