Full order of THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.2999 of 2020 and W.M.P.No.3495 of 2020—For Petitioner :Mr.R.Srinivasan For Respondents :Mr.R.Vijayakumar (R1 to R3) Additional Government Pleader O R D E R (Order of the Court was delivered by N.KIRUBAKARAN, J) There will be parading of hundreds — 33. For the above reasons, this Court gives the following directions:~ 1.The Respondents are directed to permit native breeds alone to participate in Jallikattu events; 2.The Respondents are prohibited from allowing imported /hybrid /cross bulls in Jallikattu events; 3.The Respondents are directed to get a certificate from Vetenary 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. 4.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; 5.The Respondents are directed to avoid as far as possible artificial insemination of animals, which would deny mating rights of animals amounting to cruelty under the provisions of the Prevention of Cruelty to Animals Act, 1960. 34.In fine, the Writ Petition stands allowed with the above directions. Consequently connected Miscellaneous Petition is also closed. No costs. (N.K.K.,J) (P.V.,J) 19.08.2021 sai-
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
and
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.No.2999 of 2020
and
W.M.P.No.3495 of 2020
E.Seshan, (aged 71 years),
S/o.Elumalai,
No.1/119E, Post Office Street,
Okkiyam Thuraipakkam,
Chennai 600097 … Petitioner
Vs
1.The Secretary,
The Department of Law Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai 600 009.
2.The Secretary,
Department of Animal Husbandary, Dairying and Fisheries
Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai 600 009.
3.The Principal Secretary to Government of Tamil Nadu,
Department of Home,
Secretariat,
Fort St. George,
Chennai 600 009.
4.P.Rajasekaran,
President Jallikattu Peravai,
No.101, Deputy Collector Colony 1st Street,
K.K.Nagar,
Madurai 625 020.
5.The Alanganallur Town Panchayat,
Rep. by its Executive Officer,
Vadipatti Taluk,
Madurai District. … Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to ensure and permit only the participation of the bulls from the native breeds of cattle of Tamil Nadu in the sport of Jallikattu Manjuvirattu, Oormadu, Vadamadu or Vadamanjivirattu, Eruduttu Viduthal and conducted in Tamil Nadu and to prevent and prohibit the participation of bulls of foreign breeds (Bos Taurus) and cross breed bulls (Bos Taurus x Bos Indicus) in the said sports.
- For Petitioner :Mr.R.Srinivasan
For Respondents :Mr.R.Vijayakumar (R1 to R3)
Additional Government Pleader
O R D E R
(Order of the Court was delivered by N.KIRUBAKARAN, J)
There will be parading of hundreds of pairs of bulls with balloons adorning colourfully painted horns in Mandaiveli during -Mattu Pongal Festival- and greeted joyfully by the villagers throwing turmeric water/water on the bulls and the owners by the youngsters, preceded by a group of drummers beating their drums.
2.It is a wonderful occasion to be seen and rejoiced. This festival is being celebrated for centuries together in Tamil Nadu as a mark of respect to the bullocks which are helping the agriculturists for making cultivation. It is a sort of thanks giving function to the co~worker viz., bullocks, which are used for ploughing and transportation purposes.
3.One cannot be well off without pairs of bullocks, cows, poultry and other cattle in villages. These are all the things of the past. All of a sudden, bullocks started disappearing from villages and the village itself has lost its originality. That is the real rural position as on date. Though hundreds of pairs of bullocks would march, about 20 years ago, in almost every village, sadly as on date, only 1 or 2 or a few pairs of bullocks come to Mandaiveli during Pongal festival. It is due to various factors. Most of the farmers are giving up cultivation and migrating to urban areas as cultivation is not economical and productive. The farmers have started using modern equipments like tractors and the necessity of having bullocks has considerably come down. During Pongal festival, in some of the Districts of Tamil Nadu, -Sallikattu- which is now called as -Jallikattu- used to be conducted during January to May on various occasions, especially during Pongal. -Alanganallur- and -Palamedu- are globally known for those events. The Bulls/Oxes are specially groomed for taking part in “Jallikattu“. The Bulls are let into ground through -Vadivassal- (the gate) and the youths would pounce upon them and try to hold the well grown hump of the bulls/Oxen. If a tamer is able to hold the hump for 15 seconds and run alongwith the bull for 30 seconds or sustain three jumps of the bull, he will be declared as a winner, otherwise the winner would be the bull. All bulls used are native breeds as the native breed alone have well grown hump.
4.The Petitioner also filed Writ Petitions to secure the release of wild Elephants from the captivity and for treatment of dogs kept in Breeding Centre and against felling of trees in IIT Campus, Chennai to conserve wild life and ecology.
5.It is the case of the petitioner that -Jallikattu- is a sport played in Tamil Nadu, since Sangam era. It involves releasing a bull (native breed ~ Bos Indicus) from -vaadivasal- and the challenge is that an athlete should cling/embrace on to the bull for a minimum time or distance and if the bull wards off the man, the former wins and if the man succeeds in clinging/embracing on to the bull, the man wins the contest. The man has to tie his arms around the hump on its back, which is the characteristic of native breeds. All native breed bulls (Bos Indicus) have large humps on their backs in straight alignment with their front legs.
6.As per the judgment of the Honble Supreme Court in the case of Animal Welfare Board of India Vs. A.Nagaraja and others reported in (2014) 7 SCC 547, -Jallikattu- was declared as illegal and in violation of Sections 3, 11(1)(a) and 11(1)(m)(ii) of Prevention of Cruelty to Animals Act, 1960 and the Hon-ble Supreme Court prohibited the conduct of -Jallikattu-. There was a widespread public resentment against the ban and based on the popular sentiments and groundswell of public opinion in favour of restoration and revival of -Jallikattu- in Tamil Nadu and also for survival of native breeds of cattle of Tamil Nadu viz., Pulikulam, Umbalachery, Nattumadu, Malaimadu and Kangeyam, the Government of Tamil Nadu promulgated an ordinance amending the provisions of the Prevention of Cruelty to Animals Act, 1960 and later enacted a legislation in the State Legislature. The said bill received assent of President of India on 31.01.2017.
7.As per the amendment Act, Section 2 of the Prevention of Cruelty to Animals Act, 1960, was amended by adding Sub Section (dd) and Section 4 of the amendment Act added clause (f) to Section 11 of the principal Act. Similarly Section 6 of the amendment Act, amended Section 27 of the Principal Act by adding (f). Section 27 of the amendment Act inserted Section 28~A in the Principal Act.
8.The very purpose of the Tamil Nadu 1 of 2017 Act is to preserve the culture and heritage and native breeds of cattle. It is only to facilitate to groom the native breeds so as to preserve and make them to participate in -Jallikattu-, which is part of Tamil culture and heritage. However, western varieties of cattle (Bos Taurus) and cross breeds of cattle which do not have humps or have tiny hump which is also not aligned to their front legs as in the case of pure native breed bulls are nowadays allowed. It is impossible to play the game of -Jallikattu- with western cattle or cross breeds as there is no or little hump. By using those varieties -Jallikattu- cannot be played as the participants have to cling/embrace the bull by holding the hump and run along with the hump for 15 metres or for 30 seconds or sustain three jumps of the bulls.
9.When that is the object of the Act, the bull owners started using western cattle (Bos Taurus) and hybrid bulls produced by cross breeding native cattle with imported cattle in -Jallikattu-. In Alanganallur -Jallikattu- conducted for year January 2019 and January 2020, the best bull award was given to other non native bulls viz., imported species of cattle or hybrid bulls.
10.Since the imported varieties or the cross varieties have huge body size with very tiny humps, it is impossible for the participants to catch and cling on to the hump of the animals. Moreover, the other bulls other than native bulls have the tendency to trample and crush players on the field.
11.It is contended that the very purpose of amendment Act is only to preserve and groom native breeds of cattle and also for preserving the heritage and culture. However, fraudulently some of the participants are using imported or cross breed bulls which is illegal and unlawful. In this regard the petitioner made a representation on 29.03.2019 to the respondents to take steps to eliminate or prohibit the use of imported and cross/hybrid bulls in the events of Jallikattu and the variants of the game (i.e) 1.Manjuviratu, 2.Vadamadu and 3.Erudhuviduthal and also to enforce The Tamil Nadu Jallikattu Amendment Act, 2017. Since, no action has been taken and no reply has been received from the respondents, except a reply from the 1st respondent dated 05.04.2019 stating that the matter has been referred to the 2nd respondent viz., Department of Animal Husbandry. Therefore the Petitioner has come before this Court.
12.Heard Mr.R.Srinivas, learned counsel appearing on behalf of the Petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader appearing on behalf of the respondents 1 to 3. Moreover, 4th and 5th respondents are not necessary parties and they are deleted from array of parties, as this Court deals with the general issue raised in this PIL.
13.Mr.R.Srinivas, learned counsel appearing on behalf of the Petitioner would submit that the very object of the Amendment Act is only to preserve the native breeds for the purpose of playing -Jallikattu-. Allowing imported bulls or cross/hybrid bulls is in violation of the Act. Moreover, it is dangerous to use the imported or hybrid bulls. He would point out paragraphs 16 to 19 of the judgment in A.Nagarajas case wherein the Honble Supreme Court held that -Jallikattu- should only be conducted by using the native bulls (Bos Indicus). When the Act itself is for the purpose of preserving and promoting the tradition and culture of Tamil Nadu and vital role of -Jallikattu- in ensuring the survival and continuance of the native breeds of bulls, the imported or hybrid bulls cannot be used and therefore, he seeks allowing of the Writ Petition.
14.On the other hand, Mr.R.Vijayakumar, learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 would submit that there is no prohibition for using the imported or hybrid bulls. As per the instructions received from the Assistant Director, the Director of Animal Husbandry and Veterinary Sciences, he would submit that the bulls owned by the farmers may be of any breed and preservation of native breed bulls cannot be construed to mean that only native breeds can participate in -Jallikattu- events. Further he would submit that -Jallikattu- events cannot be exclusively for the native breeds alone. Permitting cross breed bulls to participate in -Jallikattu- events is acceptable as per the Act and it is not illegal to permit cross breed bulls in such events. Moreover, bulls having sufficient size of hump alone are permitted in the event, so that the tamer can cling to it.
15.Heard the parties and perused the records.
16.Ancient Tamil literature speaks about -Sallikattu- (-Yaeru Thazhuvuthal- or -Embracing Bulls-). Kalithohai in Mullaikali elaborately describes about -Sallikattu-. Similarly in Pattinapalai and Silappathikaram, there are references about -Yaeru Thazhuvuthal-. In those days, young girls who were yet to be married would only get married to the tamers of the bull and such was the importance given to -Jallikattu-. It has become part and parcel of the culture and life of the Tamil people. A song from the literature reads as follows:
kltnu ey; Mah; kf;fs; beUie
mly; Vw;W vUj;J ,Wj;jhh;f; fz;Lk; kw;W ,d;Wk;
cly; VW nfhs; rh;wWthh;;
Good cowherd men are fools! Even after seeing men who entered the contest destroyed by the bulls they are here to announce their arrival to the arena for offering their body to the murderous bull
17.When such is the tradition and culture being followed in conduct of -Jallikattu-, the Honble Supreme Court in A.Nagarajas case prohibited -Jallikattu- on the ground that it causes unnecessary pain and agony and is not for the well being of the Animal. Paragraph 90 of the said judgment is extracted as follows:
“90. We, therefore, hold that AWBI is right in its stand that Jallikattu, bullock cart race and such events per se violate Sections 3, 11(1)(a) and 11(1)(m)(ii) of the PCA Act and hence we uphold the Notification dated 11~7~2011 issued by the Central Government. Consequently, bulls cannot be used as performing animals, either for the Jallikattu events or bullock cart races in the State of Tamil Nadu, Maharashtra or elsewhere in the country. “
The judgment of the Honble Supreme Court was delivered on 07.05.2014. Pursuant to which there was a huge protest and resentment by the people of Tamil Nadu, especially, by the youngsters. There was a mammoth dharna in Marina beach, Chennai for days together. Considering the overwhelming public opinion for restoration and revival of -Jallikattu- in Tamil Nadu and public resentment against the ban, the Government of Tamil Nadu promulgated an ordinance (Tamil Nadu ordinance 1/2017) amending the provisions of the Prevention of Cruelty to Animals Act, 1960. Later, the Tamil Nadu State Assembly enacted an Act called Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act 2017 for which the President gave assent on 31.01.2017 and the came into force on 21.01.2017. The statement of objects and reasons for the amendment Act reads as follows:
The Prevention of Cruelty to Animals Act, 1960 (Central Act 59 of 1960) was enacted to prevent the infliction of unnecessary cruelty and suffering on animals. The Act also recognizes the need to exempt the application of its provisions in certain circumstances. The Supreme Court of India, in its judgment in Animal Welfare Board of India Vs. A. Nagaraja (Civil Appeal No.5387 of 2014) has found that the conduct of Jallikattu is violative of the provisions of the Central Act 59 of 1960, particularly, Sections 3, 11 and 22 of that Act. Considering the vital role played by the event of Jallikattu in preserving and promoting tradition and culture among people in large parts of the State of Tamil Nadu and also considering the vital role of Jallikattu in ensuring survival and continuance of native breeds of bulls, the Government of Tamil Nadu have decided to exempt the conduct of Jallikattu from the provisions of the said Central Act 59 of 1960. Therefore, the Government decided to amend the said Central Act 59 of 1960 in its application to the State of Tamil Nadu. Accordingly, the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Ordinance, 2017 (Tamil Nadu Ordinance 1 of 2017) was promulgated by the Governor on the 21st January 2017 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 21st January 2017.
2. The Bill seeks to replace the said Ordinance.
From the above it is clear that -Jallikattu- plays a vital role in preserving, promoting tradition and culture among the people in many parts of Tamil Nadu. -Jallikattu- also ensures survival and continuance of native breeds of bulls. Therefore, Tamil Nadu decided to exempt the conduct of -Jallikattu- from the provisions of the Central Act 59 of 1960 viz., Prevention of Cruelty to Animals Act, 1960 . The object of Act 1 of 2017 has been explained in the provisions of the Act as follows:
An Act to amend the Prevention of Cruelty to Animals Act, 1960 so as to preserve the cultural heritage of the State of Tamil Nadu and to ensure the survival and wellbeing of the native breeds of bulls
18.As rightly argued by Mr.R.Srinivas, learned counsel appearing on behalf of the Petitioner, the amendment Act amended the Sections, 2, 11, 27 and added 28(a) in the principal Act.
8.The said Act has been called the Prevention of Cruelty to Animals Act (Tamil Nadu Amendment) Act 2017 (Tamil Nadu Act 1/2017). Section 2 of the said Act amended Section 2 of the Prevention of Cruelty to Animals Act 1960 and inserted Sub section (dd) which is as follows:~
(dd) Jallikattu means an event involving bulls conducted with a view to follow tradition and culture on such days from the months of January to May of a calendar year and in such places, as may be notified by the State Government, and includes Manjuviratu, Vadamadu and Erudhuvidumvizha.
9. Section 4 of the said Act 1/2017 added the following to Section 11 of the Prevention of Cruelty to Animals Act 1960.
(f) the conduct of Jallikattu with a view to follow and promote tradition and culture and ensure preservation of native breeds of bulls as also their safety security and wellbeing.
10. Section 6 of the Tamil Nadu Act 1/2017 aforesaid added the following to Section 27 of the Principal Act.
(f) the conduct of Jallikattu with a view to follow and promote tradition and culture and ensure preservation of native breeds of bulls as also their safety security and wellbeing.
11. Further Section 27 of the Tamil Nadu Act 1/2017 inserted Section 28~A in the Principal Act as follows:~
28~A. Saving in respect of Jallikattu ~ Nothing contained in this Act shall apply to Jallikattu conducted to follow and promote tradition and culture and such conduct of Jallikattu shall not be an offence under this Act.
From the above amendments it is clear that the conduct of -Jallikattu- is to promote the tradition and culture and ensure 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. To put it in other words, the amendment Act permits native breeds of bulls alone to participate in -Jallikattu- and any other interpretation or construction would be contrary to the Act.
19.Mr.R.Srinivas, learned counsel appearing on behalf of the petitioner pointed out that playing of -Jallikattu- itself is embracing the animal by holding the hump. The grown up hump is a salient feature of native breeds in Tamil Nadu and hump is also aligned to their front legs.
20.Photographs of native bulls and also imported or hybrid bulls have been exhibited to prove that as to how Indian bulls (Bos Indicus) are having well grown hump whereas foreign breed bulls or hybrid bulls do not have hump or only have little hump and also the hump of the native breeds is in alignment with their forelegs, which is not in the case of imported breeds. The said photographs are extracted as follows:
A perusal of the above photographs would indicate that the native breeds have got huge hump which is necessary for the tamers to hold on during -Jallikattu- whereas the hump is not grown and available in the hybrids or imported bulls. Therefore, the imported or hybrid bulls are not fit for participating in the -Jallikattu-.
21.When the Act itself is intended for preservation of native bulls for the purpose of -Jallikattu-, there is no room for hybrids or imported bulls as per the Act to participate in the event. If it is done, it is in violation of the Act and it has got no sanction of law.
22.The instructions received from the Respondents by Mr.R.Vijayakumar, learned Additional Government Pleader reads as follows:
A. The Prevention of cruelty to animals (Tamil Nadu amendment) Act 2017, has two parts ~(1)~
conduct of Jallikattu with a view to follow and promote tradition and culture (2)~ Ensure preservation of native breeds of bulls as also their safety, security and wellbeing
Explanation to part (1)~ The Pongal festival is a festival of the Tamil people where they celebrate thanks giving by observing certain festivities, games such as Jallikattu in which man and his coworker (bull, as it helps in farming activities and as draught animals) have a game together. The amendment had been sought to ensure that this tradition is continued as per our Constitutional rights. The bulls owned by the farmer may be of any breed.
Explanation to part (2)~ the words –preservation of native breeds of bulls as also their well~being– cannot be construed to mean that only native breeds can participated in Jallikattu events.
In the same way…– ensure survival and continuance of native breeds of bulls– will not make the Jallikattu events to be exclusive to native breeds. Hence permitting cross bred bulls to participate in Jallikattu events is acceptable in the Act (though the fact is silent). It is not illegal to permit cross bred bulls in such evens.
The bulls having sufficient sized humps are alone permitted in the events so that the tamer can cling to it.
The instructions given by the authorities are not in consonance with the Tamil Nadu Amendment Act, 2017. The respondents according to their whims and fancies cannot plead before this Court that the amendment Act cannot be construed to mean that only native breeds can participate in -Jallikattu- events. It is not known on what basis the respondents could make such a plea. Similarly it is stated by the second respondent that as per the Act, -Jallikattu- event cannot be exclusively for native breeds and it is not illegal to permit cross breed bulls in such events.
23.It is very shocking and surprising that such a plea has been made by the second respondent in violation of the amendment Act. The above contention of the respondent has to be deprecated. The Respondents have not gone through the Act properly. When the policy of the legislature has been exhibited in the amendment Act, the Respondents cannot go against the letter and spirit of the Act and contend that permitting the cross breed bulls is not illegal and no explanation has been given for making such a stand. Such an interpretation would lead to absurdity and in contrary to the Act. When the Act only speaks about the native bulls, it is deemed that the other bulls are prohibited from participating in it. The very Act itself is to preserve native bulls to participate in -Jallikattu- and is clearly explained in the object of the Act. Hence, there is no ambiguity in the Act. It is well settled law that provisions of law interpreted literally. The Hon-ble Supreme Court in the case of Dr.(Major) Meeta Sahai Vs State of Bihar and others reported in 2019 (20) SCC 17 held in Paragraph No.20 as follows:
“Statutory Interpretation
20. It is a settled canon of statutory interpretation that as a first step, the courts ought to interpret the text of the provision and construct it literally. Provisions in a statute must be read in their original grammatical meaning to give its words a common textual meaning. However, this tool of interpretation can only be applied in cases where the text of the enactment is susceptible to only one meaning. [Nathi Devi v. Radha Devi Gupta, (2005) 2 SCC 271, para 13.] Nevertheless, in a situation where there is ambiguity in the meaning of the text, the courts must also give due regard to the consequences of the interpretation taken.
(b).Legislation is aimed at preserving native breeds of bulls. Therefore, the provisions should be construed in tune with the intention of the statute. The Hon-ble Apex Court in the case of Chief Justice of Andhra Pradesh Vs L.V.A.Dixitulu reported in (1979) 2 SCC 34 held in Paragraph No.66 as follows:
66.The primary principle of interpretation is that a Constitutional or statutory provision should be construed according to the intent of they that made it (Coke). Normally, such intent is gathered from the language of the provision. If the language or the phraseology employed by the legislation is precise and plain and thus by itself proclaims the legislative intent in unequivocal terms, the same must be given effect to, regardless of the consequences that may follow. But if the words used in the provision are imprecise, protean or evocative or can reasonably bear meanings more than one, the Rule of strict grammatical construction ceases to be a sure guide to reach at the real legislative intent. In such a case, in order to ascertain the true meaning of the terms and phrases employed, it is legitimate for the Court to go beyond the and literal confines of the provision and to call in aid other well recognised rules of construction, such as its legislative/history, the basic scheme and framework of the statute as a whole, each portion throwing light on the rest, the purpose of the legislation, the object sought to be achieved, and the consequences that may flow from the adoption of one in preference to the other possible interpretation.
(c).The intention of the Act is to preserve and protect the native breeds of bulls. The adjective Native identifies and classifies distinctly indigenious breeds of bulls only and it excludes other types of bulls like Hybrid and imported bulls. Hence, the provision of law should be strictly interpreted giving restrictive meaning to Native breeds of Bulls.
24.Even the Honble Supreme Court in the A.Nagarajas case, described only about the native breeds. It is stated as follows in paragraphs 16 to 19 of the said judgment:
“16. Bulls (bos indicus) are herbivores, prey by nature adopted to protest themselves when threatened engaging in a flight response, that is run away stimulus, which they find when threatening. Bulls, in that process, use their horns, legs, or brute force to protect themselves from threat or harm. Bulls are often considered to be herd animals. Bulls move in a relaxed manner if they are within a herd or even with other bulls. Individual bull exhibits immense anxiety if it is sorted away from the herd. Bulls vocalise when they are forced away from the rest of the herd and vocalisation is an indicator of stress. Bulls exhibit a fight or flight response when exposed to a perceived threat. Bulls are more likely to flee than fight, and in most cases they fight, when agitated.
17. Bulls usually stand to graze and pattern of grazing behaviour of each herd member is relatively similar, which moves slowly across the pasture with the muzzle close to the ground and they ruminate resting. A bull is known to be having resting behaviour and will avoid source of noise and disturbance and choose non~habitual resting sites if the preferred ones are close to the noise or disturbance, which is the natural instinct of the bull. Study conducted also disclosed that bulls have long memories. Factors mentioned above are the natural instincts of bulls.
18. Bulls, as already indicated, according to the animal behaviour studies, adopt flight or fight response, when they are frightened or threatened and this instinctual response to a perceived threat is what is being exploited in Jallikattu or bullock cart races. During Jallikattu, many animals are observed to engage in a flight response as they try to run away from the arena when they experience fear or pain, but cannot do this, since the area is completely enclosed. Jallikattu demonstrates a link between actions of humans and the fear, distress and pain experienced by bulls. Studies indicate that rough or abusive handling of bulls compromises welfare and for increasing bulls- fear, often, they are pushed, hit, prodded, abused, causing mental as well as physical harm.
19. Jallikattu is a Tamil word, which comes from the term callikattu, where calli means coins and kattu means a package. Jallikattu refers to silver or gold coins tied on the bulls- horns. People, in the earlier time, used to fight to get at the money placed around the bulls- horns which depicted as an act of bravery. Later, it became a sport conducted for entertainment and was called Yeruthu Kattu, in which a fast~moving bull was corralled with ropes around its neck. Started as a simple act of bravery, it later assumed different forms and shapes like Jallikattu (in the present form), bull race, etc., which is based on the concept of flight or fight. Jallikattu includes Manjuvirattu, Oormaadu, Vadamadu, Erudhu, Vadam, Vadi and all such events involve taming of bulls.“
From the above it is clear that the Supreme Court spoke only about native bulls viz., Bos Indicus and not about the imported or hybrid bulls viz., Bos Taurus.
25.The Tamil Nadu Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules, 2017 speak about the conduct of -Jallikattu-, examination of bulls, bull run area, arena, bull collection yard, etc., Rule 5 Arena is extracted as follows:
5. ARENA:
(1) Arena shall be atleast a 50 square metre area. The bulls have to be embraced by the participants within this 50 square metre area.
(2) The participants shall not be permitted to stand in front of the bulls as they enter the arena. They shall also not be permitted to block the exit way for the bulls. The participants shall be permitted only to embrace the bulls by their hump and run along with the bull for 15 metres or for 30 seconds or sustain three jumps of the bull. The participants shall not hold on to the tail, horns using their hands or restrict the movement of the bulls by holding on to the bulls- legs. The participants violating these guidelines shall be liable to be debarred from participating further in the event. The 15 metre area shall be liberally strewn with coir pith for cushioning effect to prevent any injuries to the bulls or participants.
The above rule makes it explicitly clear that the tamer is permitted to embrace the bull by their hump which is only available in native breeds not in imported/cross/hybrid breeds. The above rules also positively state that the native breed bulls alone could be allowed to participate in -Jallikattu-.
26.In view of the above, it is clear that the
(a) Amendment Act and Rules speak about only native bull viz., Bos Indicus.
(b) The amendment Act is intended only to preserve and to ensure the survival and continuance of native breeds of bulls.
(c) The -Jallikattu- could be conducted making use of only native breeds of bulls.
(d)Native breeds of bulls alone have got hump which is a necessity for a bull to participate, so that a tamer can cling/embrace on to the animal by holding the hump for 30 seconds or run with the bull for 15 meters or sustain three jumps of the bull.
(e)Moreover the tamer cannot hold onto any other part of the animal like, tail, horns except the hump, using their hands.
27.No other bulls other than native bulls can participate in -Jallikattu-. There is a 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-.
28.The contentions of respondents that the words preservation of native breeds of bulls cannot be construed to mean that only native breeds can participate in -Jallikattu- events and that -Jallikattu- events cannot be exclusively for the native breeds alone and that permitting cross breed bulls to participate in -Jallikattu- events is acceptable as per the Act and that it is not illegal to permit the cross breed bulls in such events, are rejected and the said contentions are deprecated.
29.It is hereby made compulsory that bulls which have to participate in -Jallikattu- shall be subject to veterinary examination by qualified Veterinarian of Animal Husbandry department as per Rule 4 of the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Ordinance, 2017, and should be certified that the animals are native breeds. While filing application to the Collector of the District to participate in the -Jallikattu- event, a certificate issued by the Animal Husbandry Department certifying the bull as native breed bull shall also be filed.
30.If any official or veterinary Doctor falsely certifies imported or cross/hybrid breeds as native breeds, it would amount to violation of order of this Court, warranting action under the Contempt of Courts Act, apart from departmental proceedings to be initiated against them. The aggrieved party can initiate contempt proceedings, if hybrid and/or imported bulls are found to be used in -Jallikattu-.
31.As the matter relates to preservation of native breeds of bulls, incidentally, this Court goes into the denial of mating rights of cattle by artificial insemination. It has come to the knowledge of this Court that artificial insemination is done for cattle breeding. Artificial insemination deprives of bulls and cows the pleasure of mating which they are entitled to naturally. Reproduction by natural process is a basic biological need which cannot be interfered with. Denying and depriving right to copulate amounts to cruelty to Animals under the provisions of the Prevention of Cruelty to Animals Act, 1960. When rights of voice less animals are violated, this Court has to raise its voice to protect their rights. Therefore, it is advisable and appropriate to use bulls for the purpose of cattle breeding in natural way which would protect their rights, otherwise cows would be used as manufacturing machines.
32.The importance of Indigineous Cattle Breeds in India has been spelt out in research article Recently Recognized Indigenous Cattle Breeds in India reported in International Journal of Current Microbiology and Applied Sciences ISSN:2319~7706 Volume 8 Number (2) (2019) and the relevant portion reads as follows:
India is the seventh largest country in the world and is a mega~biodiversity centre (Srivastava et al., 2019). Over 70 per cent of its people are engaged in vocations connected with farming and animal husbandry. In India, total livestock population is 512.5 million and among that 190.9 million are cattle, which is cover 37.28 percent of total livestock population of the country (Anonymous, 2012). When we seeing global picture almost 30% of the worlds cattle population of about 1.4 billion exist in in India (Robinson et al., 2014). India ranks first in milk production with 165.4 million tonnes of milk in 2016~17, out of those indigenous cattle contribute 11.3% and 9.5% by non~descriptive cattle (BAHS, 2017). Livestock breeds are recognized as significant components of world biodiversity because the genes and gene combinations they carry may be useful to agriculture in the future (Hall et al., 1995). Bosindicus cattle (Zebu cattle) were evolved over hundred years with very little scientific selection and majorly followed in Indian traditional animal husbandry practices, because of this zebu cattle were much more adapted to harsh local environment, resistance to tropical diseases and external parasites and sustenance on low quality roughages and grasses (Sharma et.al.2015). A diversified agro~ecological zones in India have helped to develop number of cattle populations. Breed characterization allows to study assessment of genetic variability, a fundamental element in working out breeding strategies and genetic conservation plans. There are forty three recognized breeds of cattle in India, in addition to large number of non~descript cattle. In recent times, several of the indigenous breeds suffered decline mainly due to their becoming uneconomical. India has large number of breeds with wide genetic diversity than other countries. The local breeds have many merits over exotic breeds viz. better disease resistance than exotic breeds, more suitable for low input management system, Survive better in local environmental condition, Suitable for draught work In addition, existence of superior indigenous breeds can provide valuable research inputs for developing superior breeds. It is therefore important that Indigenous breeds of cattle are conserved, developed and proliferated. Breed registration and recognition is a very important step for breed certification and all relevant information regarding the enormous and biodiverse animal genetic resources of our country the procedure shall lead to formation of breed inventory and try identify and understand these unique genetic resources which shall ultimately facilitate the genetic improvement of the native livestock population.
33. For the above reasons, this Court gives the following directions:~
1.The Respondents are directed to permit native breeds alone to participate in Jallikattu events;
2.The Respondents are prohibited from allowing imported /hybrid /cross bulls in Jallikattu events;
3.The Respondents are directed to get a certificate from Vetenary 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.
4.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;
5.The Respondents are directed to avoid as far as possible artificial insemination of animals, which would deny mating rights of animals amounting to cruelty under the provisions of the Prevention of Cruelty to Animals Act, 1960.
34.In fine, the Writ Petition stands allowed with the above directions. Consequently connected Miscellaneous Petition is also closed. No costs.
(N.K.K.,J) (P.V.,J)
19.08.2021
sai
To
1.The Secretary,
The Department of Law Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai 600 009.
2.The Secretary,
Department of Animal Husbandary, Dairying and Fisheries
Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai 600 009.
N.KIRUBAKARAN, J.
and
P.VELMURUGAN, J.
sai
3.The Principal Secretary to Government of Tamil Nadu,
Department of Home,
Secretariat,
Fort St. George,
Chennai 600 009.
4.The Executive Officer,
Alanganallur Town Panchayat,
Vadipatti Taluk,
Madurai District.
W.P.No.2999 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
and
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.No.2999 of 2020
and
W.M.P.No.3495 of 2020
E.Seshan, (aged 71 years),
S/o.Elumalai,
No.1/119E, Post Office Street,
Okkiyam Thuraipakkam,
Chennai 600097 … Petitioner
Vs
1.The Secretary,
The Department of Law Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai 600 009.
2.The Secretary,
Department of Animal Husbandary, Dairying and Fisheries
Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai 600 009.
3.The Principal Secretary to Government of Tamil Nadu,
Department of Home,
Secretariat,
Fort St. George,
Chennai 600 009.
4.P.Rajasekaran,
President Jallikattu Peravai,
No.101, Deputy Collector Colony 1st Street,
K.K.Nagar,
Madurai 625 020.
5.The Alanganallur Town Panchayat,
Rep. by its Executive Officer,
Vadipatti Taluk,
Madurai District. … Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to ensure and permit only the participation of the bulls from the native breeds of cattle of Tamil Nadu in the sport of Jallikattu Manjuvirattu, Oormadu, Vadamadu or Vadamanjivirattu, Eruduttu Viduthal and conducted in Tamil Nadu and to prevent and prohibit the participation of bulls of foreign breeds (Bos Taurus) and cross breed bulls (Bos Taurus x Bos Indicus) in the said sports.
For Petitioner :Mr.R.Srinivas
For Respondents :Mr.R.Vijayakumar (R1 to R3)
Additional Government Pleader
O R D E R
(Order of the Court was delivered by N.KIRUBAKARAN, J)
There will be parading of hundreds of pairs of bulls with balloons adorning colourfully painted horns in Mandaiveli during -Mattu Pongal Festival- and greeted joyfully by the villagers throwing turmeric water/water on the bulls and the owners by the youngsters, preceded by a group of drummers beating their drums.
2.It is a wonderful occasion to be seen and rejoiced. This festival is being celebrated for centuries together in Tamil Nadu as a mark of respect to the bullocks which are helping the agriculturists for making cultivation. It is a sort of thanks giving function to the co~worker viz., bullocks, which are used for ploughing and transportation purposes.
3.One cannot be well off without pairs of bullocks, cows, poultry and other cattle in villages. These are all the things of the past. All of a sudden, bullocks started disappearing from villages and the village itself has lost its originality. That is the real rural position as on date. Though hundreds of pairs of bullocks would march, about 20 years ago, in almost every village, sadly as on date, only 1 or 2 or a few pairs of bullocks come to Mandaiveli during Pongal festival. It is due to various factors. Most of the farmers are giving up cultivation and migrating to urban areas as cultivation is not economical and productive. The farmers have started using modern equipments like tractors and the necessity of having bullocks has considerably come down. During Pongal festival, in some of the Districts of Tamil Nadu, -Sallikattu- which is now called as -Jallikattu- used to be conducted during January to May on various occasions, especially during Pongal. -Alanganallur- and -Palamedu- are globally known for those events. The Bulls/Oxes are specially groomed for taking part in “Jallikattu“. The Bulls are let into ground through -Vadivassal- (the gate) and the youths would pounce upon them and try to hold the well grown hump of the bulls/Oxen. If a tamer is able to hold the hump for 15 seconds and run alongwith the bull for 30 seconds or sustain three jumps of the bull, he will be declared as a winner, otherwise the winner would be the bull. All bulls used are native breeds as the native breed alone have well grown hump.
4.The Petitioner also filed Writ Petitions to secure the release of wild Elephants from the captivity and for treatment of dogs kept in Breeding Centre and against felling of trees in IIT Campus, Chennai to conserve wild life and ecology.
5.It is the case of the petitioner that -Jallikattu- is a sport played in Tamil Nadu, since Sangam era. It involves releasing a bull (native breed ~ Bos Indicus) from -vaadivasal- and the challenge is that an athlete should cling/embrace on to the bull for a minimum time or distance and if the bull wards off the man, the former wins and if the man succeeds in clinging/embracing on to the bull, the man wins the contest. The man has to tie his arms around the hump on its back, which is the characteristic of native breeds. All native breed bulls (Bos Indicus) have large humps on their backs in straight alignment with their front legs.
6.As per the judgment of the Honble Supreme Court in the case of Animal Welfare Board of India Vs. A.Nagaraja and others reported in (2014) 7 SCC 547, -Jallikattu- was declared as illegal and in violation of Sections 3, 11(1)(a) and 11(1)(m)(ii) of Prevention of Cruelty to Animals Act, 1960 and the Hon-ble Supreme Court prohibited the conduct of -Jallikattu-. There was a widespread public resentment against the ban and based on the popular sentiments and groundswell of public opinion in favour of restoration and revival of -Jallikattu- in Tamil Nadu and also for survival of native breeds of cattle of Tamil Nadu viz., Pulikulam, Umbalachery, Nattumadu, Malaimadu and Kangeyam, the Government of Tamil Nadu promulgated an ordinance amending the provisions of the Prevention of Cruelty to Animals Act, 1960 and later enacted a legislation in the State Legislature. The said bill received assent of President of India on 31.01.2017.
7.As per the amendment Act, Section 2 of the Prevention of Cruelty to Animals Act, 1960, was amended by adding Sub Section (dd) and Section 4 of the amendment Act added clause (f) to Section 11 of the principal Act. Similarly Section 6 of the amendment Act, amended Section 27 of the Principal Act by adding (f). Section 27 of the amendment Act inserted Section 28~A in the Principal Act.
8.The very purpose of the Tamil Nadu 1 of 2017 Act is to preserve the culture and heritage and native breeds of cattle. It is only to facilitate to groom the native breeds so as to preserve and make them to participate in -Jallikattu-, which is part of Tamil culture and heritage. However, western varieties of cattle (Bos Taurus) and cross breeds of cattle which do not have humps or have tiny hump which is also not aligned to their front legs as in the case of pure native breed bulls are nowadays allowed. It is impossible to play the game of -Jallikattu- with western cattle or cross breeds as there is no or little hump. By using those varieties -Jallikattu- cannot be played as the participants have to cling/embrace the bull by holding the hump and run along with the hump for 15 metres or for 30 seconds or sustain three jumps of the bulls.
9.When that is the object of the Act, the bull owners started using western cattle (Bos Taurus) and hybrid bulls produced by cross breeding native cattle with imported cattle in -Jallikattu-. In Alanganallur -Jallikattu- conducted for year January 2019 and January 2020, the best bull award was given to other non native bulls viz., imported species of cattle or hybrid bulls.
10.Since the imported varieties or the cross varieties have huge body size with very tiny humps, it is impossible for the participants to catch and cling on to the hump of the animals. Moreover, the other bulls other than native bulls have the tendency to trample and crush players on the field.
11.It is contended that the very purpose of amendment Act is only to preserve and groom native breeds of cattle and also for preserving the heritage and culture. However, fraudulently some of the participants are using imported or cross breed bulls which is illegal and unlawful. In this regard the petitioner made a representation on 29.03.2019 to the respondents to take steps to eliminate or prohibit the use of imported and cross/hybrid bulls in the events of Jallikattu and the variants of the game (i.e) 1.Manjuviratu, 2.Vadamadu and 3.Erudhuviduthal and also to enforce The Tamil Nadu Jallikattu Amendment Act, 2017. Since, no action has been taken and no reply has been received from the respondents, except a reply from the 1st respondent dated 05.04.2019 stating that the matter has been referred to the 2nd respondent viz., Department of Animal Husbandry. Therefore the Petitioner has come before this Court.
12.Heard Mr.R.Srinivas, learned counsel appearing on behalf of the Petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader appearing on behalf of the respondents 1 to 3. Moreover, 4th and 5th respondents are not necessary parties and they are deleted from array of parties, as this Court deals with the general issue raised in this PIL.
13.Mr.R.Srinivas, learned counsel appearing on behalf of the Petitioner would submit that the very object of the Amendment Act is only to preserve the native breeds for the purpose of playing -Jallikattu-. Allowing imported bulls or cross/hybrid bulls is in violation of the Act. Moreover, it is dangerous to use the imported or hybrid bulls. He would point out paragraphs 16 to 19 of the judgment in A.Nagarajas case wherein the Honble Supreme Court held that -Jallikattu- should only be conducted by using the native bulls (Bos Indicus). When the Act itself is for the purpose of preserving and promoting the tradition and culture of Tamil Nadu and vital role of -Jallikattu- in ensuring the survival and continuance of the native breeds of bulls, the imported or hybrid bulls cannot be used and therefore, he seeks allowing of the Writ Petition.
14.On the other hand, Mr.R.Vijayakumar, learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 would submit that there is no prohibition for using the imported or hybrid bulls. As per the instructions received from the Assistant Director, the Director of Animal Husbandry and Veterinary Sciences, he would submit that the bulls owned by the farmers may be of any breed and preservation of native breed bulls cannot be construed to mean that only native breeds can participate in -Jallikattu- events. Further he would submit that -Jallikattu- events cannot be exclusively for the native breeds alone. Permitting cross breed bulls to participate in -Jallikattu- events is acceptable as per the Act and it is not illegal to permit cross breed bulls in such events. Moreover, bulls having sufficient size of hump alone are permitted in the event, so that the tamer can cling to it.
15.Heard the parties and perused the records.
16.Ancient Tamil literature speaks about -Sallikattu- (-Yaeru Thazhuvuthal- or -Embracing Bulls-). Kalithohai in Mullaikali elaborately describes about -Sallikattu-. Similarly in Pattinapalai and Silappathikaram, there are references about -Yaeru Thazhuvuthal-. In those days, young girls who were yet to be married would only get married to the tamers of the bull and such was the importance given to -Jallikattu-. It has become part and parcel of the culture and life of the Tamil people. A song from the literature reads as follows:
kltnu ey; Mah; kf;fs; beUie
mly; Vw;W vUj;J ,Wj;jhh;f; fz;Lk; kw;W ,d;Wk;
cly; VW nfhs; rh;wWthh;;
Good cowherd men are fools! Even after seeing men who entered the contest destroyed by the bulls they are here to announce their arrival to the arena for offering their body to the murderous bull
17.When such is the tradition and culture being followed in conduct of -Jallikattu-, the Honble Supreme Court in A.Nagarajas case prohibited -Jallikattu- on the ground that it causes unnecessary pain and agony and is not for the well being of the Animal. Paragraph 90 of the said judgment is extracted as follows:
“90. We, therefore, hold that AWBI is right in its stand that Jallikattu, bullock cart race and such events per se violate Sections 3, 11(1)(a) and 11(1)(m)(ii) of the PCA Act and hence we uphold the Notification dated 11~7~2011 issued by the Central Government. Consequently, bulls cannot be used as performing animals, either for the Jallikattu events or bullock cart races in the State of Tamil Nadu, Maharashtra or elsewhere in the country. “
The judgment of the Honble Supreme Court was delivered on 07.05.2014. Pursuant to which there was a huge protest and resentment by the people of Tamil Nadu, especially, by the youngsters. There was a mammoth dharna in Marina beach, Chennai for days together. Considering the overwhelming public opinion for restoration and revival of -Jallikattu- in Tamil Nadu and public resentment against the ban, the Government of Tamil Nadu promulgated an ordinance (Tamil Nadu ordinance 1/2017) amending the provisions of the Prevention of Cruelty to Animals Act, 1960. Later, the Tamil Nadu State Assembly enacted an Act called Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act 2017 for which the President gave assent on 31.01.2017 and the came into force on 21.01.2017. The statement of objects and reasons for the amendment Act reads as follows:
The Prevention of Cruelty to Animals Act, 1960 (Central Act 59 of 1960) was enacted to prevent the infliction of unnecessary cruelty and suffering on animals. The Act also recognizes the need to exempt the application of its provisions in certain circumstances. The Supreme Court of India, in its judgment in Animal Welfare Board of India Vs. A. Nagaraja (Civil Appeal No.5387 of 2014) has found that the conduct of Jallikattu is violative of the provisions of the Central Act 59 of 1960, particularly, Sections 3, 11 and 22 of that Act. Considering the vital role played by the event of Jallikattu in preserving and promoting tradition and culture among people in large parts of the State of Tamil Nadu and also considering the vital role of Jallikattu in ensuring survival and continuance of native breeds of bulls, the Government of Tamil Nadu have decided to exempt the conduct of Jallikattu from the provisions of the said Central Act 59 of 1960. Therefore, the Government decided to amend the said Central Act 59 of 1960 in its application to the State of Tamil Nadu. Accordingly, the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Ordinance, 2017 (Tamil Nadu Ordinance 1 of 2017) was promulgated by the Governor on the 21st January 2017 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 21st January 2017.
2. The Bill seeks to replace the said Ordinance.
From the above it is clear that -Jallikattu- plays a vital role in preserving, promoting tradition and culture among the people in many parts of Tamil Nadu. -Jallikattu- also ensures survival and continuance of native breeds of bulls. Therefore, Tamil Nadu decided to exempt the conduct of -Jallikattu- from the provisions of the Central Act 59 of 1960 viz., Prevention of Cruelty to Animals Act, 1960 . The object of Act 1 of 2017 has been explained in the provisions of the Act as follows:
An Act to amend the Prevention of Cruelty to Animals Act, 1960 so as to preserve the cultural heritage of the State of Tamil Nadu and to ensure the survival and wellbeing of the native breeds of bulls
18.As rightly argued by Mr.R.Srinivas, learned counsel appearing on behalf of the Petitioner, the amendment Act amended the Sections, 2, 11, 27 and added 28(a) in the principal Act.
8.The said Act has been called the Prevention of Cruelty to Animals Act (Tamil Nadu Amendment) Act 2017 (Tamil Nadu Act 1/2017). Section 2 of the said Act amended Section 2 of the Prevention of Cruelty to Animals Act 1960 and inserted Sub section (dd) which is as follows:~
(dd) Jallikattu means an event involving bulls conducted with a view to follow tradition and culture on such days from the months of January to May of a calendar year and in such places, as may be notified by the State Government, and includes Manjuviratu, Vadamadu and Erudhuvidumvizha.
9. Section 4 of the said Act 1/2017 added the following to Section 11 of the Prevention of Cruelty to Animals Act 1960.
(f) the conduct of Jallikattu with a view to follow and promote tradition and culture and ensure preservation of native breeds of bulls as also their safety security and wellbeing.
10. Section 6 of the Tamil Nadu Act 1/2017 aforesaid added the following to Section 27 of the Principal Act.
(f) the conduct of Jallikattu with a view to follow and promote tradition and culture and ensure preservation of native breeds of bulls as also their safety security and wellbeing.
11. Further Section 27 of the Tamil Nadu Act 1/2017 inserted Section 28~A in the Principal Act as follows:~
28~A. Saving in respect of Jallikattu ~ Nothing contained in this Act shall apply to Jallikattu conducted to follow and promote tradition and culture and such conduct of Jallikattu shall not be an offence under this Act.
From the above amendments it is clear that the conduct of -Jallikattu- is to promote the tradition and culture and ensure 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. To put it in other words, the amendment Act permits native breeds of bulls alone to participate in -Jallikattu- and any other interpretation or construction would be contrary to the Act.
19.Mr.R.Srinivas, learned counsel appearing on behalf of the petitioner pointed out that playing of -Jallikattu- itself is embracing the animal by holding the hump. The grown up hump is a salient feature of native breeds in Tamil Nadu and hump is also aligned to their front legs.
20.Photographs of native bulls and also imported or hybrid bulls have been exhibited to prove that as to how Indian bulls (Bos Indicus) are having well grown hump whereas foreign breed bulls or hybrid bulls do not have hump or only have little hump and also the hump of the native breeds is in alignment with their forelegs, which is not in the case of imported breeds. The said photographs are extracted as follows:
A perusal of the above photographs would indicate that the native breeds have got huge hump which is necessary for the tamers to hold on during -Jallikattu- whereas the hump is not grown and available in the hybrids or imported bulls. Therefore, the imported or hybrid bulls are not fit for participating in the -Jallikattu-.
21.When the Act itself is intended for preservation of native bulls for the purpose of -Jallikattu-, there is no room for hybrids or imported bulls as per the Act to participate in the event. If it is done, it is in violation of the Act and it has got no sanction of law.
22.The instructions received from the Respondents by Mr.R.Vijayakumar, learned Additional Government Pleader reads as follows:
A. The Prevention of cruelty to animals (Tamil Nadu amendment) Act 2017, has two parts ~(1)~
conduct of Jallikattu with a view to follow and promote tradition and culture (2)~ Ensure preservation of native breeds of bulls as also their safety, security and wellbeing
Explanation to part (1)~ The Pongal festival is a festival of the Tamil people where they celebrate thanks giving by observing certain festivities, games such as Jallikattu in which man and his coworker (bull, as it helps in farming activities and as draught animals) have a game together. The amendment had been sought to ensure that this tradition is continued as per our Constitutional rights. The bulls owned by the farmer may be of any breed.
Explanation to part (2)~ the words –preservation of native breeds of bulls as also their well~being– cannot be construed to mean that only native breeds can participated in Jallikattu events.
In the same way…– ensure survival and continuance of native breeds of bulls– will not make the Jallikattu events to be exclusive to native breeds. Hence permitting cross bred bulls to participate in Jallikattu events is acceptable in the Act (though the fact is silent). It is not illegal to permit cross bred bulls in such evens.
The bulls having sufficient sized humps are alone permitted in the events so that the tamer can cling to it.
The instructions given by the authorities are not in consonance with the Tamil Nadu Amendment Act, 2017. The respondents according to their whims and fancies cannot plead before this Court that the amendment Act cannot be construed to mean that only native breeds can participate in -Jallikattu- events. It is not known on what basis the respondents could make such a plea. Similarly it is stated by the second respondent that as per the Act, -Jallikattu- event cannot be exclusively for native breeds and it is not illegal to permit cross breed bulls in such events.
23.It is very shocking and surprising that such a plea has been made by the second respondent in violation of the amendment Act. The above contention of the respondent has to be deprecated. The Respondents have not gone through the Act properly. When the policy of the legislature has been exhibited in the amendment Act, the Respondents cannot go against the letter and spirit of the Act and contend that permitting the cross breed bulls is not illegal and no explanation has been given for making such a stand. Such an interpretation would lead to absurdity and in contrary to the Act. When the Act only speaks about the native bulls, it is deemed that the other bulls are prohibited from participating in it. The very Act itself is to preserve native bulls to participate in -Jallikattu- and is clearly explained in the object of the Act. Hence, there is no ambiguity in the Act. It is well settled law that provisions of law interpreted literally. The Hon-ble Supreme Court in the case of Dr.(Major) Meeta Sahai Vs State of Bihar and others reported in 2019 (20) SCC 17 held in Paragraph No.20 as follows:
“Statutory Interpretation
20. It is a settled canon of statutory interpretation that as a first step, the courts ought to interpret the text of the provision and construct it literally. Provisions in a statute must be read in their original grammatical meaning to give its words a common textual meaning. However, this tool of interpretation can only be applied in cases where the text of the enactment is susceptible to only one meaning. [Nathi Devi v. Radha Devi Gupta, (2005) 2 SCC 271, para 13.] Nevertheless, in a situation where there is ambiguity in the meaning of the text, the courts must also give due regard to the consequences of the interpretation taken.
(b).Legislation is aimed at preserving native breeds of bulls. Therefore, the provisions should be construed in tune with the intention of the statute. The Hon-ble Apex Court in the case of Chief Justice of Andhra Pradesh Vs L.V.A.Dixitulu reported in (1979) 2 SCC 34 held in Paragraph No.66 as follows:
66.The primary principle of interpretation is that a Constitutional or statutory provision should be construed according to the intent of they that made it (Coke). Normally, such intent is gathered from the language of the provision. If the language or the phraseology employed by the legislation is precise and plain and thus by itself proclaims the legislative intent in unequivocal terms, the same must be given effect to, regardless of the consequences that may follow. But if the words used in the provision are imprecise, protean or evocative or can reasonably bear meanings more than one, the Rule of strict grammatical construction ceases to be a sure guide to reach at the real legislative intent. In such a case, in order to ascertain the true meaning of the terms and phrases employed, it is legitimate for the Court to go beyond the and literal confines of the provision and to call in aid other well recognised rules of construction, such as its legislative/history, the basic scheme and framework of the statute as a whole, each portion throwing light on the rest, the purpose of the legislation, the object sought to be achieved, and the consequences that may flow from the adoption of one in preference to the other possible interpretation.
(c).The intention of the Act is to preserve and protect the native breeds of bulls. The adjective Native identifies and classifies distinctly indigenious breeds of bulls only and it excludes other types of bulls like Hybrid and imported bulls. Hence, the provision of law should be strictly interpreted giving restrictive meaning to Native breeds of Bulls.
24.Even the Honble Supreme Court in the A.Nagarajas case, described only about the native breeds. It is stated as follows in paragraphs 16 to 19 of the said judgment:
“16. Bulls (bos indicus) are herbivores, prey by nature adopted to protest themselves when threatened engaging in a flight response, that is run away stimulus, which they find when threatening. Bulls, in that process, use their horns, legs, or brute force to protect themselves from threat or harm. Bulls are often considered to be herd animals. Bulls move in a relaxed manner if they are within a herd or even with other bulls. Individual bull exhibits immense anxiety if it is sorted away from the herd. Bulls vocalise when they are forced away from the rest of the herd and vocalisation is an indicator of stress. Bulls exhibit a fight or flight response when exposed to a perceived threat. Bulls are more likely to flee than fight, and in most cases they fight, when agitated.
17. Bulls usually stand to graze and pattern of grazing behaviour of each herd member is relatively similar, which moves slowly across the pasture with the muzzle close to the ground and they ruminate resting. A bull is known to be having resting behaviour and will avoid source of noise and disturbance and choose non~habitual resting sites if the preferred ones are close to the noise or disturbance, which is the natural instinct of the bull. Study conducted also disclosed that bulls have long memories. Factors mentioned above are the natural instincts of bulls.
18. Bulls, as already indicated, according to the animal behaviour studies, adopt flight or fight response, when they are frightened or threatened and this instinctual response to a perceived threat is what is being exploited in Jallikattu or bullock cart races. During Jallikattu, many animals are observed to engage in a flight response as they try to run away from the arena when they experience fear or pain, but cannot do this, since the area is completely enclosed. Jallikattu demonstrates a link between actions of humans and the fear, distress and pain experienced by bulls. Studies indicate that rough or abusive handling of bulls compromises welfare and for increasing bulls- fear, often, they are pushed, hit, prodded, abused, causing mental as well as physical harm.
19. Jallikattu is a Tamil word, which comes from the term callikattu, where calli means coins and kattu means a package. Jallikattu refers to silver or gold coins tied on the bulls- horns. People, in the earlier time, used to fight to get at the money placed around the bulls- horns which depicted as an act of bravery. Later, it became a sport conducted for entertainment and was called Yeruthu Kattu, in which a fast~moving bull was corralled with ropes around its neck. Started as a simple act of bravery, it later assumed different forms and shapes like Jallikattu (in the present form), bull race, etc., which is based on the concept of flight or fight. Jallikattu includes Manjuvirattu, Oormaadu, Vadamadu, Erudhu, Vadam, Vadi and all such events involve taming of bulls.“
From the above it is clear that the Supreme Court spoke only about native bulls viz., Bos Indicus and not about the imported or hybrid bulls viz., Bos Taurus.
25.The Tamil Nadu Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules, 2017 speak about the conduct of -Jallikattu-, examination of bulls, bull run area, arena, bull collection yard, etc., Rule 5 Arena is extracted as follows:
5. ARENA:
(1) Arena shall be atleast a 50 square metre area. The bulls have to be embraced by the participants within this 50 square metre area.
(2) The participants shall not be permitted to stand in front of the bulls as they enter the arena. They shall also not be permitted to block the exit way for the bulls. The participants shall be permitted only to embrace the bulls by their hump and run along with the bull for 15 metres or for 30 seconds or sustain three jumps of the bull. The participants shall not hold on to the tail, horns using their hands or restrict the movement of the bulls by holding on to the bulls- legs. The participants violating these guidelines shall be liable to be debarred from participating further in the event. The 15 metre area shall be liberally strewn with coir pith for cushioning effect to prevent any injuries to the bulls or participants.
The above rule makes it explicitly clear that the tamer is permitted to embrace the bull by their hump which is only available in native breeds not in imported/cross/hybrid breeds. The above rules also positively state that the native breed bulls alone could be allowed to participate in -Jallikattu-.
26.In view of the above, it is clear that the
(a) Amendment Act and Rules speak about only native bull viz., Bos Indicus.
(b) The amendment Act is intended only to preserve and to ensure the survival and continuance of native breeds of bulls.
(c) The -Jallikattu- could be conducted making use of only native breeds of bulls.
(d)Native breeds of bulls alone have got hump which is a necessity for a bull to participate, so that a tamer can cling/embrace on to the animal by holding the hump for 30 seconds or run with the bull for 15 meters or sustain three jumps of the bull.
(e)Moreover the tamer cannot hold onto any other part of the animal like, tail, horns except the hump, using their hands.
27.No other bulls other than native bulls can participate in -Jallikattu-. There is a 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-.
28.The contentions of respondents that the words preservation of native breeds of bulls cannot be construed to mean that only native breeds can participate in -Jallikattu- events and that -Jallikattu- events cannot be exclusively for the native breeds alone and that permitting cross breed bulls to participate in -Jallikattu- events is acceptable as per the Act and that it is not illegal to permit the cross breed bulls in such events, are rejected and the said contentions are deprecated.
29.It is hereby made compulsory that bulls which have to participate in -Jallikattu- shall be subject to veterinary examination by qualified Veterinarian of Animal Husbandry department as per Rule 4 of the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Ordinance, 2017, and should be certified that the animals are native breeds. While filing application to the Collector of the District to participate in the -Jallikattu- event, a certificate issued by the Animal Husbandry Department certifying the bull as native breed bull shall also be filed.
30.If any official or veterinary Doctor falsely certifies imported or cross/hybrid breeds as native breeds, it would amount to violation of order of this Court, warranting action under the Contempt of Courts Act, apart from departmental proceedings to be initiated against them. The aggrieved party can initiate contempt proceedings, if hybrid and/or imported bulls are found to be used in -Jallikattu-.
31.As the matter relates to preservation of native breeds of bulls, incidentally, this Court goes into the denial of mating rights of cattle by artificial insemination. It has come to the knowledge of this Court that artificial insemination is done for cattle breeding. Artificial insemination deprives of bulls and cows the pleasure of mating which they are entitled to naturally. Reproduction by natural process is a basic biological need which cannot be interfered with. Denying and depriving right to copulate amounts to cruelty to Animals under the provisions of the Prevention of Cruelty to Animals Act, 1960. When rights of voice less animals are violated, this Court has to raise its voice to protect their rights. Therefore, it is advisable and appropriate to use bulls for the purpose of cattle breeding in natural way which would protect their rights, otherwise cows would be used as manufacturing machines.
32.The importance of Indigineous Cattle Breeds in India has been spelt out in research article Recently Recognized Indigenous Cattle Breeds in India reported in International Journal of Current Microbiology and Applied Sciences ISSN:2319~7706 Volume 8 Number (2) (2019) and the relevant portion reads as follows:
India is the seventh largest country in the world and is a mega~biodiversity centre (Srivastava et al., 2019). Over 70 per cent of its people are engaged in vocations connected with farming and animal husbandry. In India, total livestock population is 512.5 million and among that 190.9 million are cattle, which is cover 37.28 percent of total livestock population of the country (Anonymous, 2012). When we seeing global picture almost 30% of the worlds cattle population of about 1.4 billion exist in in India (Robinson et al., 2014). India ranks first in milk production with 165.4 million tonnes of milk in 2016~17, out of those indigenous cattle contribute 11.3% and 9.5% by non~descriptive cattle (BAHS, 2017). Livestock breeds are recognized as significant components of world biodiversity because the genes and gene combinations they carry may be useful to agriculture in the future (Hall et al., 1995). Bosindicus cattle (Zebu cattle) were evolved over hundred years with very little scientific selection and majorly followed in Indian traditional animal husbandry practices, because of this zebu cattle were much more adapted to harsh local environment, resistance to tropical diseases and external parasites and sustenance on low quality roughages and grasses (Sharma et.al.2015). A diversified agro~ecological zones in India have helped to develop number of cattle populations. Breed characterization allows to study assessment of genetic variability, a fundamental element in working out breeding strategies and genetic conservation plans. There are forty three recognized breeds of cattle in India, in addition to large number of non~descript cattle. In recent times, several of the indigenous breeds suffered decline mainly due to their becoming uneconomical. India has large number of breeds with wide genetic diversity than other countries. The local breeds have many merits over exotic breeds viz. better disease resistance than exotic breeds, more suitable for low input management system, Survive better in local environmental condition, Suitable for draught work In addition, existence of superior indigenous breeds can provide valuable research inputs for developing superior breeds. It is therefore important that Indigenous breeds of cattle are conserved, developed and proliferated. Breed registration and recognition is a very important step for breed certification and all relevant information regarding the enormous and biodiverse animal genetic resources of our country the procedure shall lead to formation of breed inventory and try identify and understand these unique genetic resources which shall ultimately facilitate the genetic improvement of the native livestock population.
33. For the above reasons, this Court gives the following directions:~
1.The Respondents are directed to permit native breeds alone to participate in Jallikattu events;
2.The Respondents are prohibited from allowing imported /hybrid /cross bulls in Jallikattu events;
3.The Respondents are directed to get a certificate from Vetenary 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.
4.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;
5.The Respondents are directed to avoid as far as possible artificial insemination of animals, which would deny mating rights of animals amounting to cruelty under the provisions of the Prevention of Cruelty to Animals Act, 1960.
34.In fine, the Writ Petition stands allowed with the above directions. Consequently connected Miscellaneous Petition is also closed. No costs.
(N.K.K.,J) (P.V.,J)
19.08.2021
sai
To
1.The Secretary,
The Department of Law Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai 600 009.
2.The Secretary,
Department of Animal Husbandary, Dairying and Fisheries
Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai 600 009.
N.KIRUBAKARAN, J.
and
P.VELMURUGAN, J.
sai
3.The Principal Secretary to Government of Tamil Nadu,
Department of Home,
Secretariat,
Fort St. George,
Chennai 600 009.
4.The Executive Officer,
Alanganallur Town Panchayat,
Vadipatti Taluk,
Madurai District.
W.P.No.2999 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
and
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.No.2999 of 2020
and
W.M.P.No.3495 of 2020
E.Seshan, (aged 71 years),
S/o.Elumalai,
No.1/119E, Post Office Street,
Okkiyam Thuraipakkam,
Chennai 600097 … Petitioner
Vs
1.The Secretary,
The Department of Law Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai 600 009.
2.The Secretary,
Department of Animal Husbandary, Dairying and Fisheries
Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai 600 009.
3.The Principal Secretary to Government of Tamil Nadu,
Department of Home,
Secretariat,
Fort St. George,
Chennai 600 009.
4.P.Rajasekaran,
President Jallikattu Peravai,
No.101, Deputy Collector Colony 1st Street,
K.K.Nagar,
Madurai 625 020.
5.The Alanganallur Town Panchayat,
Rep. by its Executive Officer,
Vadipatti Taluk,
Madurai District. … Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to ensure and permit only the participation of the bulls from the native breeds of cattle of Tamil Nadu in the sport of Jallikattu Manjuvirattu, Oormadu, Vadamadu or Vadamanjivirattu, Eruduttu Viduthal and conducted in Tamil Nadu and to prevent and prohibit the participation of bulls of foreign breeds (Bos Taurus) and cross breed bulls (Bos Taurus x Bos Indicus) in the said sports.
For Petitioner :Mr.R.Srinivas
For Respondents :Mr.R.Vijayakumar (R1 to R3)
Additional Government Pleader
O R D E R
(Order of the Court was delivered by N.KIRUBAKARAN, J)
There will be parading of hundreds of pairs of bulls with balloons adorning colourfully painted horns in Mandaiveli during -Mattu Pongal Festival- and greeted joyfully by the villagers throwing turmeric water/water on the bulls and the owners by the youngsters, preceded by a group of drummers beating their drums.
2.It is a wonderful occasion to be seen and rejoiced. This festival is being celebrated for centuries together in Tamil Nadu as a mark of respect to the bullocks which are helping the agriculturists for making cultivation. It is a sort of thanks giving function to the co~worker viz., bullocks, which are used for ploughing and transportation purposes.
3.One cannot be well off without pairs of bullocks, cows, poultry and other cattle in villages. These are all the things of the past. All of a sudden, bullocks started disappearing from villages and the village itself has lost its originality. That is the real rural position as on date. Though hundreds of pairs of bullocks would march, about 20 years ago, in almost every village, sadly as on date, only 1 or 2 or a few pairs of bullocks come to Mandaiveli during Pongal festival. It is due to various factors. Most of the farmers are giving up cultivation and migrating to urban areas as cultivation is not economical and productive. The farmers have started using modern equipments like tractors and the necessity of having bullocks has considerably come down. During Pongal festival, in some of the Districts of Tamil Nadu, -Sallikattu- which is now called as -Jallikattu- used to be conducted during January to May on various occasions, especially during Pongal. -Alanganallur- and -Palamedu- are globally known for those events. The Bulls/Oxes are specially groomed for taking part in “Jallikattu“. The Bulls are let into ground through -Vadivassal- (the gate) and the youths would pounce upon them and try to hold the well grown hump of the bulls/Oxen. If a tamer is able to hold the hump for 15 seconds and run alongwith the bull for 30 seconds or sustain three jumps of the bull, he will be declared as a winner, otherwise the winner would be the bull. All bulls used are native breeds as the native breed alone have well grown hump.
4.The Petitioner also filed Writ Petitions to secure the release of wild Elephants from the captivity and for treatment of dogs kept in Breeding Centre and against felling of trees in IIT Campus, Chennai to conserve wild life and ecology.
5.It is the case of the petitioner that -Jallikattu- is a sport played in Tamil Nadu, since Sangam era. It involves releasing a bull (native breed ~ Bos Indicus) from -vaadivasal- and the challenge is that an athlete should cling/embrace on to the bull for a minimum time or distance and if the bull wards off the man, the former wins and if the man succeeds in clinging/embracing on to the bull, the man wins the contest. The man has to tie his arms around the hump on its back, which is the characteristic of native breeds. All native breed bulls (Bos Indicus) have large humps on their backs in straight alignment with their front legs.
6.As per the judgment of the Honble Supreme Court in the case of Animal Welfare Board of India Vs. A.Nagaraja and others reported in (2014) 7 SCC 547, -Jallikattu- was declared as illegal and in violation of Sections 3, 11(1)(a) and 11(1)(m)(ii) of Prevention of Cruelty to Animals Act, 1960 and the Hon-ble Supreme Court prohibited the conduct of -Jallikattu-. There was a widespread public resentment against the ban and based on the popular sentiments and groundswell of public opinion in favour of restoration and revival of -Jallikattu- in Tamil Nadu and also for survival of native breeds of cattle of Tamil Nadu viz., Pulikulam, Umbalachery, Nattumadu, Malaimadu and Kangeyam, the Government of Tamil Nadu promulgated an ordinance amending the provisions of the Prevention of Cruelty to Animals Act, 1960 and later enacted a legislation in the State Legislature. The said bill received assent of President of India on 31.01.2017.
7.As per the amendment Act, Section 2 of the Prevention of Cruelty to Animals Act, 1960, was amended by adding Sub Section (dd) and Section 4 of the amendment Act added clause (f) to Section 11 of the principal Act. Similarly Section 6 of the amendment Act, amended Section 27 of the Principal Act by adding (f). Section 27 of the amendment Act inserted Section 28~A in the Principal Act.
8.The very purpose of the Tamil Nadu 1 of 2017 Act is to preserve the culture and heritage and native breeds of cattle. It is only to facilitate to groom the native breeds so as to preserve and make them to participate in -Jallikattu-, which is part of Tamil culture and heritage. However, western varieties of cattle (Bos Taurus) and cross breeds of cattle which do not have humps or have tiny hump which is also not aligned to their front legs as in the case of pure native breed bulls are nowadays allowed. It is impossible to play the game of -Jallikattu- with western cattle or cross breeds as there is no or little hump. By using those varieties -Jallikattu- cannot be played as the participants have to cling/embrace the bull by holding the hump and run along with the hump for 15 metres or for 30 seconds or sustain three jumps of the bulls.
9.When that is the object of the Act, the bull owners started using western cattle (Bos Taurus) and hybrid bulls produced by cross breeding native cattle with imported cattle in -Jallikattu-. In Alanganallur -Jallikattu- conducted for year January 2019 and January 2020, the best bull award was given to other non native bulls viz., imported species of cattle or hybrid bulls.
10.Since the imported varieties or the cross varieties have huge body size with very tiny humps, it is impossible for the participants to catch and cling on to the hump of the animals. Moreover, the other bulls other than native bulls have the tendency to trample and crush players on the field.
11.It is contended that the very purpose of amendment Act is only to preserve and groom native breeds of cattle and also for preserving the heritage and culture. However, fraudulently some of the participants are using imported or cross breed bulls which is illegal and unlawful. In this regard the petitioner made a representation on 29.03.2019 to the respondents to take steps to eliminate or prohibit the use of imported and cross/hybrid bulls in the events of Jallikattu and the variants of the game (i.e) 1.Manjuviratu, 2.Vadamadu and 3.Erudhuviduthal and also to enforce The Tamil Nadu Jallikattu Amendment Act, 2017. Since, no action has been taken and no reply has been received from the respondents, except a reply from the 1st respondent dated 05.04.2019 stating that the matter has been referred to the 2nd respondent viz., Department of Animal Husbandry. Therefore the Petitioner has come before this Court.
12.Heard Mr.R.Srinivas, learned counsel appearing on behalf of the Petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader appearing on behalf of the respondents 1 to 3. Moreover, 4th and 5th respondents are not necessary parties and they are deleted from array of parties, as this Court deals with the general issue raised in this PIL.
13.Mr.R.Srinivas, learned counsel appearing on behalf of the Petitioner would submit that the very object of the Amendment Act is only to preserve the native breeds for the purpose of playing -Jallikattu-. Allowing imported bulls or cross/hybrid bulls is in violation of the Act. Moreover, it is dangerous to use the imported or hybrid bulls. He would point out paragraphs 16 to 19 of the judgment in A.Nagarajas case wherein the Honble Supreme Court held that -Jallikattu- should only be conducted by using the native bulls (Bos Indicus). When the Act itself is for the purpose of preserving and promoting the tradition and culture of Tamil Nadu and vital role of -Jallikattu- in ensuring the survival and continuance of the native breeds of bulls, the imported or hybrid bulls cannot be used and therefore, he seeks allowing of the Writ Petition.
14.On the other hand, Mr.R.Vijayakumar, learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 would submit that there is no prohibition for using the imported or hybrid bulls. As per the instructions received from the Assistant Director, the Director of Animal Husbandry and Veterinary Sciences, he would submit that the bulls owned by the farmers may be of any breed and preservation of native breed bulls cannot be construed to mean that only native breeds can participate in -Jallikattu- events. Further he would submit that -Jallikattu- events cannot be exclusively for the native breeds alone. Permitting cross breed bulls to participate in -Jallikattu- events is acceptable as per the Act and it is not illegal to permit cross breed bulls in such events. Moreover, bulls having sufficient size of hump alone are permitted in the event, so that the tamer can cling to it.
15.Heard the parties and perused the records.
16.Ancient Tamil literature speaks about -Sallikattu- (-Yaeru Thazhuvuthal- or -Embracing Bulls-). Kalithohai in Mullaikali elaborately describes about -Sallikattu-. Similarly in Pattinapalai and Silappathikaram, there are references about -Yaeru Thazhuvuthal-. In those days, young girls who were yet to be married would only get married to the tamers of the bull and such was the importance given to -Jallikattu-. It has become part and parcel of the culture and life of the Tamil people. A song from the literature reads as follows:
kltnu ey; Mah; kf;fs; beUie
mly; Vw;W vUj;J ,Wj;jhh;f; fz;Lk; kw;W ,d;Wk;
cly; VW nfhs; rh;wWthh;;
Good cowherd men are fools! Even after seeing men who entered the contest destroyed by the bulls they are here to announce their arrival to the arena for offering their body to the murderous bull
17.When such is the tradition and culture being followed in conduct of -Jallikattu-, the Honble Supreme Court in A.Nagarajas case prohibited -Jallikattu- on the ground that it causes unnecessary pain and agony and is not for the well being of the Animal. Paragraph 90 of the said judgment is extracted as follows:
“90. We, therefore, hold that AWBI is right in its stand that Jallikattu, bullock cart race and such events per se violate Sections 3, 11(1)(a) and 11(1)(m)(ii) of the PCA Act and hence we uphold the Notification dated 11~7~2011 issued by the Central Government. Consequently, bulls cannot be used as performing animals, either for the Jallikattu events or bullock cart races in the State of Tamil Nadu, Maharashtra or elsewhere in the country. “
The judgment of the Honble Supreme Court was delivered on 07.05.2014. Pursuant to which there was a huge protest and resentment by the people of Tamil Nadu, especially, by the youngsters. There was a mammoth dharna in Marina beach, Chennai for days together. Considering the overwhelming public opinion for restoration and revival of -Jallikattu- in Tamil Nadu and public resentment against the ban, the Government of Tamil Nadu promulgated an ordinance (Tamil Nadu ordinance 1/2017) amending the provisions of the Prevention of Cruelty to Animals Act, 1960. Later, the Tamil Nadu State Assembly enacted an Act called Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act 2017 for which the President gave assent on 31.01.2017 and the came into force on 21.01.2017. The statement of objects and reasons for the amendment Act reads as follows:
The Prevention of Cruelty to Animals Act, 1960 (Central Act 59 of 1960) was enacted to prevent the infliction of unnecessary cruelty and suffering on animals. The Act also recognizes the need to exempt the application of its provisions in certain circumstances. The Supreme Court of India, in its judgment in Animal Welfare Board of India Vs. A. Nagaraja (Civil Appeal No.5387 of 2014) has found that the conduct of Jallikattu is violative of the provisions of the Central Act 59 of 1960, particularly, Sections 3, 11 and 22 of that Act. Considering the vital role played by the event of Jallikattu in preserving and promoting tradition and culture among people in large parts of the State of Tamil Nadu and also considering the vital role of Jallikattu in ensuring survival and continuance of native breeds of bulls, the Government of Tamil Nadu have decided to exempt the conduct of Jallikattu from the provisions of the said Central Act 59 of 1960. Therefore, the Government decided to amend the said Central Act 59 of 1960 in its application to the State of Tamil Nadu. Accordingly, the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Ordinance, 2017 (Tamil Nadu Ordinance 1 of 2017) was promulgated by the Governor on the 21st January 2017 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 21st January 2017.
2. The Bill seeks to replace the said Ordinance.
From the above it is clear that -Jallikattu- plays a vital role in preserving, promoting tradition and culture among the people in many parts of Tamil Nadu. -Jallikattu- also ensures survival and continuance of native breeds of bulls. Therefore, Tamil Nadu decided to exempt the conduct of -Jallikattu- from the provisions of the Central Act 59 of 1960 viz., Prevention of Cruelty to Animals Act, 1960 . The object of Act 1 of 2017 has been explained in the provisions of the Act as follows:
An Act to amend the Prevention of Cruelty to Animals Act, 1960 so as to preserve the cultural heritage of the State of Tamil Nadu and to ensure the survival and wellbeing of the native breeds of bulls
18.As rightly argued by Mr.R.Srinivas, learned counsel appearing on behalf of the Petitioner, the amendment Act amended the Sections, 2, 11, 27 and added 28(a) in the principal Act.
8.The said Act has been called the Prevention of Cruelty to Animals Act (Tamil Nadu Amendment) Act 2017 (Tamil Nadu Act 1/2017). Section 2 of the said Act amended Section 2 of the Prevention of Cruelty to Animals Act 1960 and inserted Sub section (dd) which is as follows:~
(dd) Jallikattu means an event involving bulls conducted with a view to follow tradition and culture on such days from the months of January to May of a calendar year and in such places, as may be notified by the State Government, and includes Manjuviratu, Vadamadu and Erudhuvidumvizha.
9. Section 4 of the said Act 1/2017 added the following to Section 11 of the Prevention of Cruelty to Animals Act 1960.
(f) the conduct of Jallikattu with a view to follow and promote tradition and culture and ensure preservation of native breeds of bulls as also their safety security and wellbeing.
10. Section 6 of the Tamil Nadu Act 1/2017 aforesaid added the following to Section 27 of the Principal Act.
(f) the conduct of Jallikattu with a view to follow and promote tradition and culture and ensure preservation of native breeds of bulls as also their safety security and wellbeing.
11. Further Section 27 of the Tamil Nadu Act 1/2017 inserted Section 28~A in the Principal Act as follows:~
28~A. Saving in respect of Jallikattu ~ Nothing contained in this Act shall apply to Jallikattu conducted to follow and promote tradition and culture and such conduct of Jallikattu shall not be an offence under this Act.
From the above amendments it is clear that the conduct of -Jallikattu- is to promote the tradition and culture and ensure 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. To put it in other words, the amendment Act permits native breeds of bulls alone to participate in -Jallikattu- and any other interpretation or construction would be contrary to the Act.
19.Mr.R.Srinivas, learned counsel appearing on behalf of the petitioner pointed out that playing of -Jallikattu- itself is embracing the animal by holding the hump. The grown up hump is a salient feature of native breeds in Tamil Nadu and hump is also aligned to their front legs.
20.Photographs of native bulls and also imported or hybrid bulls have been exhibited to prove that as to how Indian bulls (Bos Indicus) are having well grown hump whereas foreign breed bulls or hybrid bulls do not have hump or only have little hump and also the hump of the native breeds is in alignment with their forelegs, which is not in the case of imported breeds. The said photographs are extracted as follows:
A perusal of the above photographs would indicate that the native breeds have got huge hump which is necessary for the tamers to hold on during -Jallikattu- whereas the hump is not grown and available in the hybrids or imported bulls. Therefore, the imported or hybrid bulls are not fit for participating in the -Jallikattu-.
21.When the Act itself is intended for preservation of native bulls for the purpose of -Jallikattu-, there is no room for hybrids or imported bulls as per the Act to participate in the event. If it is done, it is in violation of the Act and it has got no sanction of law.
22.The instructions received from the Respondents by Mr.R.Vijayakumar, learned Additional Government Pleader reads as follows:
A. The Prevention of cruelty to animals (Tamil Nadu amendment) Act 2017, has two parts ~(1)~
conduct of Jallikattu with a view to follow and promote tradition and culture (2)~ Ensure preservation of native breeds of bulls as also their safety, security and wellbeing
Explanation to part (1)~ The Pongal festival is a festival of the Tamil people where they celebrate thanks giving by observing certain festivities, games such as Jallikattu in which man and his coworker (bull, as it helps in farming activities and as draught animals) have a game together. The amendment had been sought to ensure that this tradition is continued as per our Constitutional rights. The bulls owned by the farmer may be of any breed.
Explanation to part (2)~ the words –preservation of native breeds of bulls as also their well~being– cannot be construed to mean that only native breeds can participated in Jallikattu events.
In the same way…– ensure survival and continuance of native breeds of bulls– will not make the Jallikattu events to be exclusive to native breeds. Hence permitting cross bred bulls to participate in Jallikattu events is acceptable in the Act (though the fact is silent). It is not illegal to permit cross bred bulls in such evens.
The bulls having sufficient sized humps are alone permitted in the events so that the tamer can cling to it.
The instructions given by the authorities are not in consonance with the Tamil Nadu Amendment Act, 2017. The respondents according to their whims and fancies cannot plead before this Court that the amendment Act cannot be construed to mean that only native breeds can participate in -Jallikattu- events. It is not known on what basis the respondents could make such a plea. Similarly it is stated by the second respondent that as per the Act, -Jallikattu- event cannot be exclusively for native breeds and it is not illegal to permit cross breed bulls in such events.
23.It is very shocking and surprising that such a plea has been made by the second respondent in violation of the amendment Act. The above contention of the respondent has to be deprecated. The Respondents have not gone through the Act properly. When the policy of the legislature has been exhibited in the amendment Act, the Respondents cannot go against the letter and spirit of the Act and contend that permitting the cross breed bulls is not illegal and no explanation has been given for making such a stand. Such an interpretation would lead to absurdity and in contrary to the Act. When the Act only speaks about the native bulls, it is deemed that the other bulls are prohibited from participating in it. The very Act itself is to preserve native bulls to participate in -Jallikattu- and is clearly explained in the object of the Act. Hence, there is no ambiguity in the Act. It is well settled law that provisions of law interpreted literally. The Hon-ble Supreme Court in the case of Dr.(Major) Meeta Sahai Vs State of Bihar and others reported in 2019 (20) SCC 17 held in Paragraph No.20 as follows:
“Statutory Interpretation
20. It is a settled canon of statutory interpretation that as a first step, the courts ought to interpret the text of the provision and construct it literally. Provisions in a statute must be read in their original grammatical meaning to give its words a common textual meaning. However, this tool of interpretation can only be applied in cases where the text of the enactment is susceptible to only one meaning. [Nathi Devi v. Radha Devi Gupta, (2005) 2 SCC 271, para 13.] Nevertheless, in a situation where there is ambiguity in the meaning of the text, the courts must also give due regard to the consequences of the interpretation taken.
(b).Legislation is aimed at preserving native breeds of bulls. Therefore, the provisions should be construed in tune with the intention of the statute. The Hon-ble Apex Court in the case of Chief Justice of Andhra Pradesh Vs L.V.A.Dixitulu reported in (1979) 2 SCC 34 held in Paragraph No.66 as follows:
66.The primary principle of interpretation is that a Constitutional or statutory provision should be construed according to the intent of they that made it (Coke). Normally, such intent is gathered from the language of the provision. If the language or the phraseology employed by the legislation is precise and plain and thus by itself proclaims the legislative intent in unequivocal terms, the same must be given effect to, regardless of the consequences that may follow. But if the words used in the provision are imprecise, protean or evocative or can reasonably bear meanings more than one, the Rule of strict grammatical construction ceases to be a sure guide to reach at the real legislative intent. In such a case, in order to ascertain the true meaning of the terms and phrases employed, it is legitimate for the Court to go beyond the and literal confines of the provision and to call in aid other well recognised rules of construction, such as its legislative/history, the basic scheme and framework of the statute as a whole, each portion throwing light on the rest, the purpose of the legislation, the object sought to be achieved, and the consequences that may flow from the adoption of one in preference to the other possible interpretation.
(c).The intention of the Act is to preserve and protect the native breeds of bulls. The adjective Native identifies and classifies distinctly indigenious breeds of bulls only and it excludes other types of bulls like Hybrid and imported bulls. Hence, the provision of law should be strictly interpreted giving restrictive meaning to Native breeds of Bulls.
24.Even the Honble Supreme Court in the A.Nagarajas case, described only about the native breeds. It is stated as follows in paragraphs 16 to 19 of the said judgment:
“16. Bulls (bos indicus) are herbivores, prey by nature adopted to protest themselves when threatened engaging in a flight response, that is run away stimulus, which they find when threatening. Bulls, in that process, use their horns, legs, or brute force to protect themselves from threat or harm. Bulls are often considered to be herd animals. Bulls move in a relaxed manner if they are within a herd or even with other bulls. Individual bull exhibits immense anxiety if it is sorted away from the herd. Bulls vocalise when they are forced away from the rest of the herd and vocalisation is an indicator of stress. Bulls exhibit a fight or flight response when exposed to a perceived threat. Bulls are more likely to flee than fight, and in most cases they fight, when agitated.
17. Bulls usually stand to graze and pattern of grazing behaviour of each herd member is relatively similar, which moves slowly across the pasture with the muzzle close to the ground and they ruminate resting. A bull is known to be having resting behaviour and will avoid source of noise and disturbance and choose non~habitual resting sites if the preferred ones are close to the noise or disturbance, which is the natural instinct of the bull. Study conducted also disclosed that bulls have long memories. Factors mentioned above are the natural instincts of bulls.
18. Bulls, as already indicated, according to the animal behaviour studies, adopt flight or fight response, when they are frightened or threatened and this instinctual response to a perceived threat is what is being exploited in Jallikattu or bullock cart races. During Jallikattu, many animals are observed to engage in a flight response as they try to run away from the arena when they experience fear or pain, but cannot do this, since the area is completely enclosed. Jallikattu demonstrates a link between actions of humans and the fear, distress and pain experienced by bulls. Studies indicate that rough or abusive handling of bulls compromises welfare and for increasing bulls- fear, often, they are pushed, hit, prodded, abused, causing mental as well as physical harm.
19. Jallikattu is a Tamil word, which comes from the term callikattu, where calli means coins and kattu means a package. Jallikattu refers to silver or gold coins tied on the bulls- horns. People, in the earlier time, used to fight to get at the money placed around the bulls- horns which depicted as an act of bravery. Later, it became a sport conducted for entertainment and was called Yeruthu Kattu, in which a fast~moving bull was corralled with ropes around its neck. Started as a simple act of bravery, it later assumed different forms and shapes like Jallikattu (in the present form), bull race, etc., which is based on the concept of flight or fight. Jallikattu includes Manjuvirattu, Oormaadu, Vadamadu, Erudhu, Vadam, Vadi and all such events involve taming of bulls.“
From the above it is clear that the Supreme Court spoke only about native bulls viz., Bos Indicus and not about the imported or hybrid bulls viz., Bos Taurus.
25.The Tamil Nadu Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules, 2017 speak about the conduct of -Jallikattu-, examination of bulls, bull run area, arena, bull collection yard, etc., Rule 5 Arena is extracted as follows:
5. ARENA:
(1) Arena shall be atleast a 50 square metre area. The bulls have to be embraced by the participants within this 50 square metre area.
(2) The participants shall not be permitted to stand in front of the bulls as they enter the arena. They shall also not be permitted to block the exit way for the bulls. The participants shall be permitted only to embrace the bulls by their hump and run along with the bull for 15 metres or for 30 seconds or sustain three jumps of the bull. The participants shall not hold on to the tail, horns using their hands or restrict the movement of the bulls by holding on to the bulls- legs. The participants violating these guidelines shall be liable to be debarred from participating further in the event. The 15 metre area shall be liberally strewn with coir pith for cushioning effect to prevent any injuries to the bulls or participants.
The above rule makes it explicitly clear that the tamer is permitted to embrace the bull by their hump which is only available in native breeds not in imported/cross/hybrid breeds. The above rules also positively state that the native breed bulls alone could be allowed to participate in -Jallikattu-.
26.In view of the above, it is clear that the
(a) Amendment Act and Rules speak about only native bull viz., Bos Indicus.
(b) The amendment Act is intended only to preserve and to ensure the survival and continuance of native breeds of bulls.
(c) The -Jallikattu- could be conducted making use of only native breeds of bulls.
(d)Native breeds of bulls alone have got hump which is a necessity for a bull to participate, so that a tamer can cling/embrace on to the animal by holding the hump for 30 seconds or run with the bull for 15 meters or sustain three jumps of the bull.
(e)Moreover the tamer cannot hold onto any other part of the animal like, tail, horns except the hump, using their hands.
27.No other bulls other than native bulls can participate in -Jallikattu-. There is a 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-.
28.The contentions of respondents that the words preservation of native breeds of bulls cannot be construed to mean that only native breeds can participate in -Jallikattu- events and that -Jallikattu- events cannot be exclusively for the native breeds alone and that permitting cross breed bulls to participate in -Jallikattu- events is acceptable as per the Act and that it is not illegal to permit the cross breed bulls in such events, are rejected and the said contentions are deprecated.
29.It is hereby made compulsory that bulls which have to participate in -Jallikattu- shall be subject to veterinary examination by qualified Veterinarian of Animal Husbandry department as per Rule 4 of the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Ordinance, 2017, and should be certified that the animals are native breeds. While filing application to the Collector of the District to participate in the -Jallikattu- event, a certificate issued by the Animal Husbandry Department certifying the bull as native breed bull shall also be filed.
30.If any official or veterinary Doctor falsely certifies imported or cross/hybrid breeds as native breeds, it would amount to violation of order of this Court, warranting action under the Contempt of Courts Act, apart from departmental proceedings to be initiated against them. The aggrieved party can initiate contempt proceedings, if hybrid and/or imported bulls are found to be used in -Jallikattu-.
31.As the matter relates to preservation of native breeds of bulls, incidentally, this Court goes into the denial of mating rights of cattle by artificial insemination. It has come to the knowledge of this Court that artificial insemination is done for cattle breeding. Artificial insemination deprives of bulls and cows the pleasure of mating which they are entitled to naturally. Reproduction by natural process is a basic biological need which cannot be interfered with. Denying and depriving right to copulate amounts to cruelty to Animals under the provisions of the Prevention of Cruelty to Animals Act, 1960. When rights of voice less animals are violated, this Court has to raise its voice to protect their rights. Therefore, it is advisable and appropriate to use bulls for the purpose of cattle breeding in natural way which would protect their rights, otherwise cows would be used as manufacturing machines.
32.The importance of Indigineous Cattle Breeds in India has been spelt out in research article Recently Recognized Indigenous Cattle Breeds in India reported in International Journal of Current Microbiology and Applied Sciences ISSN:2319~7706 Volume 8 Number (2) (2019) and the relevant portion reads as follows:
India is the seventh largest country in the world and is a mega~biodiversity centre (Srivastava et al., 2019). Over 70 per cent of its people are engaged in vocations connected with farming and animal husbandry. In India, total livestock population is 512.5 million and among that 190.9 million are cattle, which is cover 37.28 percent of total livestock population of the country (Anonymous, 2012). When we seeing global picture almost 30% of the worlds cattle population of about 1.4 billion exist in in India (Robinson et al., 2014). India ranks first in milk production with 165.4 million tonnes of milk in 2016~17, out of those indigenous cattle contribute 11.3% and 9.5% by non~descriptive cattle (BAHS, 2017). Livestock breeds are recognized as significant components of world biodiversity because the genes and gene combinations they carry may be useful to agriculture in the future (Hall et al., 1995). Bosindicus cattle (Zebu cattle) were evolved over hundred years with very little scientific selection and majorly followed in Indian traditional animal husbandry practices, because of this zebu cattle were much more adapted to harsh local environment, resistance to tropical diseases and external parasites and sustenance on low quality roughages and grasses (Sharma et.al.2015). A diversified agro~ecological zones in India have helped to develop number of cattle populations. Breed characterization allows to study assessment of genetic variability, a fundamental element in working out breeding strategies and genetic conservation plans. There are forty three recognized breeds of cattle in India, in addition to large number of non~descript cattle. In recent times, several of the indigenous breeds suffered decline mainly due to their becoming uneconomical. India has large number of breeds with wide genetic diversity than other countries. The local breeds have many merits over exotic breeds viz. better disease resistance than exotic breeds, more suitable for low input management system, Survive better in local environmental condition, Suitable for draught work In addition, existence of superior indigenous breeds can provide valuable research inputs for developing superior breeds. It is therefore important that Indigenous breeds of cattle are conserved, developed and proliferated. Breed registration and recognition is a very important step for breed certification and all relevant information regarding the enormous and biodiverse animal genetic resources of our country the procedure shall lead to formation of breed inventory and try identify and understand these unique genetic resources which shall ultimately facilitate the genetic improvement of the native livestock population.
33. For the above reasons, this Court gives the following directions:~
1.The Respondents are directed to permit native breeds alone to participate in Jallikattu events;
2.The Respondents are prohibited from allowing imported /hybrid /cross bulls in Jallikattu events;
3.The Respondents are directed to get a certificate from Vetenary 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.
4.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;
5.The Respondents are directed to avoid as far as possible artificial insemination of animals, which would deny mating rights of animals amounting to cruelty under the provisions of the Prevention of Cruelty to Animals Act, 1960.
34.In fine, the Writ Petition stands allowed with the above directions. Consequently connected Miscellaneous Petition is also closed. No costs.
(N.K.K.,J) (P.V.,J)
19.08.2021
sai
To
1.The Secretary,
The Department of Law Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai 600 009.
2.The Secretary,
Department of Animal Husbandary, Dairying and Fisheries
Government of Tamil Nadu,
Secretariat,
Fort St. George,
Chennai 600 009.
N.KIRUBAKARAN, J.
and
P.VELMURUGAN, J.
sai
3.The Principal Secretary to Government of Tamil Nadu,
Department of Home,
Secretariat,
Fort St. George,
Chennai 600 009.
4.The Executive Officer,
Alanganallur Town Panchayat,
Vadipatti Taluk,
Madurai District.
W.P.No.2999 of 2020
Dated : 19.08.2021
Dated : 19.08.2021
Dated : 19.08.2021
