Jallikattu fight goes on as Pongal nears

T Ondiraj, State secretary of the Peravai, said, “We are planning to move the Supreme Court again with fresh evidences establishing its claim that bulls were not harmed or subjected to any kind of torture during the sport to get a favourable verdict.” 

Welcoming Markandeya Katju’s suggestion that state can also move an ordinance to hold the event, he said the state would take some positive steps. 

Asked about Katju’s idea, former judge of Madras HC K Chandru said, “In the State Ordinance there can be provisions that can prevent excessive danger to human life and cruelty to bulls. In pith and substance, such an ordinance will be on the subject of sports, entertainment and amusement, and so there will be no conflict with the Prevention of Cruelty to Animals Act (PCA Act).” 

He said Attorney General Mukul Rohtagi has also struck down the ordinance route may not be proper and opined that the court may strike down the same as being violative of its earlier order. 

The Supreme Court earlier while holding the Tamil Nadu Regulation of Jallikattu Act, 2009, as unconstitutional has held that the PCA Act was to give effect to an international obligation of five freedoms guaranteed to the animals under Universal Declaration of Animal Welfare,  which are  (i) freedom from hunger, thirst and malnutrition; (ii) freedom from fear and distress; (iii) freedom from physical and thermal discomfort; (iv) freedom from pain, injury and disease; and (v) freedom to express normal patterns of behaviour.   

The court also gave directions to the government including the rights guaranteed to the Bulls under Sections 3 and 11 of PCA Act read with Articles 51A (g) & (h) are cannot be taken away or curtailed, except under Sections 11(3) and 28 of PCA Act.  

Therefore, if the State government goes by Katju’s advice of a state ordinance route, they will be in a soup. Going by the extensive direction of elevating animal welfare into international norms as well as the fundamental duty imposed under Article 51-A, it will be difficult for even the Centre to undertake such an exercise.